An impaired driving charge involves a number of items. Usually, a Promise To Appear, Notice of Intention To Seek Greater Punishment, Certificate of Analysis, and an Alberta Administrative License Suspension/Disqualification form are given to the accused.
The Promise To Appear is a document compelling your attendance to court for two dates: The first date filled in is instructions for you to attend police main headquarters for fingerprints and photographs. You will attend on the date indicated, between the hour(s) described on your P.T.A.. The next date is your first appearance in court. This is where you will attend court on the date and time indicated and decide whether you are going to plead guilty and deal with the matter at that time, or, plead not guilty and set a date for trial. This document is legally compelling you to attend court. Failure to attend either date set out may lead to an additional criminal charge of Failing To Appear and may involve a warrant being issued for your arrest.
The Notice of Intention To Seek Greater Punishment is issued regardless of your individual circumstance. Simply stated, it describes what you are charged with and that if you have previously been convicted of those same charges the Crown Prosecutor may seek a greater punishment, (if convicted), because you are not considered a first-time offender.
The Certificate of Analysis is issued with the readings obtained on an Approved Instrument. There are 2 readings: In Canada, the legal limit is 80 milligrams of alcohol in 100 millilitres of blood. On the Certificate it will have 2 truncated, (rounded down to the nearest tenth), readings that the Qualified Breath Technician obtained
The Alberta Administrative License Suspension/Disqualification form is described under ‘Driving Privileges’.
It should be noted that major new impaired driving legislation has been passed, (Bill C-2), and that a convicted person’s jeopardy will change in the near future. It is predicted the new legislation will come into effect July 2, 2008. This website will be updated when the changes are adopted.