INTRODUCTION AND BRIEF DESCRIPTION

A person previously convicted for a similar offence is considered to be convicted for a second or subsequent offense under certain provisions of the Criminal Code of Canada related to impaired driving.

SECTION WORDING

255(4) A person who is convicted of an offence committed under section 253 or subsection 254(5) is, for the purposes of this Act, deemed to be convicted for a second or subsequent offence, as the case may be, if they have previously been convicted of (a) an offence committed under either of those provisions; (b) an offence under subsection (2) or (3); or (c) an offence under section 250, 251, 252, 253, 259 or 260 or subsection 258(4) of this Act as this Act read immediately before the coming into force of this subsection.

EXPLANATION

Section 255(4) of the Criminal Code of Canada deals with repeat offenders of impaired driving and related offenses. It states that if a person is convicted of an offense committed under section 253 or subsection 254(5), they will be considered to have committed a second or subsequent offense if they have been previously convicted of certain offenses. These earlier offenses that count towards repeat offender status include offenses under subsections 254(2) or (3), which relate to blood alcohol levels above the legal limit, and offenses under certain sections of the Criminal Code as it existed before the implementation of this subsection. The purpose of this provision is to punish repeat offenders more severely than first-time offenders. Repeat offenders can face harsher sentences, such as longer jail terms, larger fines, and mandatory treatment programs. By treating repeat offenders more harshly, the law aims to deter people from driving under the influence of alcohol or drugs. Overall, the provision is an important part of Canada's efforts to combat impaired driving and reduce the harm caused by this dangerous behavior. It ensures that multiple-time offenders face appropriate consequences for their actions, while also providing opportunities for rehabilitation and support for those struggling with addiction.

COMMENTARY

Section 255(4) of the Criminal Code of Canada is an important provision in the context of impaired driving offenses. Impaired driving, or driving while under the influence of alcohol or drugs, is a serious offense in Canada and is punishable by law. Section 255(4) deals primarily with repeat offenders and enhances the punishment for those who have committed an impaired driving offense in the past. The provision states that any person convicted of an offense committed under section 253 or subsection 254(5), which deal with impaired driving and driving with a blood alcohol concentration over the legal limit, will be deemed to have committed a second or subsequent offense if they have previously been convicted of certain other offenses. These offenses include previous convictions under section 253 or 254(5), as well as offenses of impaired driving causing bodily harm, impaired driving causing death, and other related offenses. The purpose of this provision is to ensure that repeat offenders are punished more severely. When a person drives under the influence of alcohol or drugs, they put themselves and others at risk and increase the likelihood of accidents and injuries. Repeat offenders are considered to pose an even greater risk to public safety and must be dealt with accordingly. The provision applies to both the criminal justice system and the administrative system for dealing with impaired driving offenses. In the criminal justice system, repeat offenders are subject to more severe penalties, including longer periods of incarceration and higher fines. In the administrative system, repeat offenders may face longer license suspensions or even the revocation of their driver's license. One of the benefits of section 255(4) is that it helps to deter repeat offenses. The knowledge that a previous conviction can result in enhanced penalties serves as a deterrent to some potential repeat offenders. Additionally, the provision sends a clear message that impaired driving will not be tolerated, and those who engage in this behavior will face severe consequences. However, some critics argue that the provision disproportionately punishes repeat offenders and does not address the root causes of impaired driving. For example, a person who struggles with addiction may continue to drive under the influence despite the potential consequences. In these cases, treatment and rehabilitation may be more effective in preventing future offenses than simply increasing penalties. Overall, section 255(4) of the Criminal Code of Canada serves an important function in the context of impaired driving offenses. It helps to deter repeat offenders and enhances the punishment for those who continue to engage in this dangerous behavior. However, it is important to also address the underlying causes of impaired driving and provide support and resources for those struggling with addiction.

STRATEGY

Section 255(4) of the Criminal Code of Canada has implications for individuals who are charged with impaired driving or other related offences. This provision states that individuals who have previously been convicted of an offence committed under section 253 or subsection 254(5) are deemed to have been convicted of a subsequent offence if they have previously been convicted of certain other offences. Strategic considerations when dealing with this provision will largely depend on the specific circumstances of the case. However, there are some common strategies that may be employed: 1. Challenging the validity of the previous conviction: To be deemed a subsequent offence under Section 255(4), an individual must have been previously convicted of certain offences. This means that if the previous conviction is not valid, it cannot be used to enhance the penalty. Strategies for challenging the validity of the previous conviction may include arguing that there was a miscarriage of justice, or that there were procedural or constitutional errors in the previous case. 2. Seeking a plea bargain: If there is a strong case against the individual, seeking a plea bargain may be a viable strategy. This could involve negotiating a reduction of charges, or agreeing to plead guilty to the current charge in exchange for a reduced sentence. Plea bargaining can be effective in cases where there is insufficient evidence to convict the accused of the current offence, but where a previous conviction would greatly enhance the penalty. 3. Mounting a vigorous defence: If there are reasonable doubts about the reliability of the evidence, or if there are other mitigating circumstances, mounting a vigorous defence may be the best strategy. This could involve challenging the sobriety tests, breathalyzer results, or other evidence used by the prosecution. It could also involve presenting evidence of the accused's good character, or arguing that the offence was the result of a one-time mistake. 4. Seeking professional legal advice: Regardless of the strategy employed, seeking professional legal advice is essential. A lawyer who specializes in criminal defence can provide invaluable guidance and advice throughout the legal process. They can help the accused understand their rights, assess the strength of the case against them, and develop a strategy for dealing with Section 255(4) of the Criminal Code of Canada. Overall, dealing with Section 255(4) of the Criminal Code of Canada requires careful planning and strategic thinking. Depending on the specific circumstances of the case, there are a number of different strategies that can be employed. Seeking professional legal advice and mounting a vigorous defence are two of the most important considerations in any impaired driving or related case.