Line 1 on your paper · the charge
Your paper says 320.14(1)(b).
That's the over 80 charge, built on a breath or blood reading, not on how you seemed. Know what it means, what usually comes with it, and what to expect at your first court date in Toronto and the GTA.
The line, word by word
Three words do all the work.
Driving, or having care or control of the car.
The Criminal Code says "operate". For a car, that covers driving it and also having care or control of it, which can include sitting in the driver's seat.
80 mg of alcohol in 100 mL of blood, or more.
Usually measured by two breath samples at the station on an approved instrument, or by a blood sample.
Of when you stopped driving.
The law looks at your level within two hours after driving, not only at the moment the test was taken.
Lines 5 and 6, and line 2
Three clocks come with this line.
Two of them started at the roadside and run on their own, whatever the court decides.
Count your daysThe car. Impounded at the roadside. The registered owner collects it after day 7 and pays the tow and storage.
The licence. Suspended by the police, not a court, starting the same night.
The court date. The criminal case for 320.14(1)(b) starts here, at the courthouse on line 3.
Many people read this line for the first time at the kitchen table, the morning after.
Line 2 · the first appearance
What the first morning in court looks like.
At a GTA courthouse, for an over 80 charge. If you don't have a lawyer yet, go yourself. A missed court date can lead to a warrant.
- Arrive early with the paper.Security screening at the door. Bring ID and every paper you were given.
- Find your courtroom.Lists posted inside show your name and room. Line 3 tells you the building.
- Your name is called.Usually the Crown's evidence, called disclosure, is handed over or asked for.
- You leave with a next date.Usually nothing is decided about guilt at a first appearance.
Your courthouse: Toronto · Brampton · Oshawa · Newmarket · Milton
Often on the same paper
Lines that sit next to this one.
About this line
Asked about 320.14(1)(b).
I felt fine. Can it still be over 80?
Yes. Over 80 is about the reading, not about how you felt or drove. That's the difference between line (b) and line (a).
Is over 80 a criminal record?
A conviction is a criminal record. A charge is not a conviction.
Can I drive to work while this is going on?
Not during the 90-day roadside suspension, and it covers every vehicle.
Talk it through
Talk through 320.14(1)(b).
Four details and a time. That's all a callback needs.