FAQs Archive - Page 7 of 12 - Muenz Criminal Law

Q: Can I be convicted if the drugs were not found on me?

Possibly, but the location of the drugs is only part of the analysis. The Crown must prove that you knew about the substance and had some measure of control over it. Where drugs are found in a shared home, borrowed vehicle or common area, the evidence must connect the accused to the drugs rather than merely to the location. Access, personal belongings, fingerprints, communications, admissions and the conduct of everyone present may become relevant.

Q: Can I challenge an Immediate Roadside Sanction?

Yes, but the deadline is extremely short. A request for review must ordinarily be filed within seven days of the date the Notice of Administrative Penalty was issued. The challenge is called an IRS review and is decided by a SafeRoads Alberta adjudicator; it is not a criminal trial. Possible grounds depend on the circumstances and may concern the legal basis for the sanction, the reliability or operation of the screening instrument, compliance with testing procedures, whether the person was driving, or whether a refusal or failure to provide a sample was reasonably established. The police materials and any supporting evidence must be reviewed promptly.

Q: Will an IRS give me a criminal record?

No. An IRS is a provincial administrative penalty and does not, by itself, result in a criminal conviction or criminal record. However, it still carries serious consequences, including an immediate licence suspension, vehicle seizure, a financial penalty and possible participation in an ignition-interlock program. A conviction for an impaired-driving offence under the Criminal Code is different. It results in a criminal record and may also involve a court-imposed driving prohibition, a fine and, in more serious cases, imprisonment.