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What is the Charge for Dangerous Driving?

Brian McGlashan September 8, 2021

Dangerous driving is defined simply in s. 320.13(1) of the Canadian Criminal Code as operating a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.  A conveyance is usually a motor vehicle.  Courts have determined that this section contains its own definition and no additional definition is required.  The mens rea of the offence requires an objective assessment of whether the driving amounts to a danger to the public, bearing in mind all circumstances.  The behaviour should amount to a marked departure from the standard of care that a reasonable person would

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What are criminal driving violations?

Brian McGlashan August 31, 2021

Driving a motor vehicle is one of the most regulated activities an individual can undertake.  From licensing and vehicle equipment rules and regulations all the way up to driving behaviour that can result in a period of incarceration, operating a motor vehicle is one area where the individual might expect to run into trouble with the law at some point in their life.  Driving violations are generally either traffic matters or Criminal matters, depending on the severity.  The vast majority of driving regulation is governed by provincial traffic legislation, in Alberta that is under the Traffic Safety Act. What is

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What is the Time Limit to Press Assault Charges in Canada?

Brian McGlashan March 26, 2021

If you’ve been assaulted or committed an assault, you may be wondering what the time limit in Canada is for pressing assault charges. In Canada, pressing assault charges is actually most often done by the police.  If the police have decided to press assault charges, there can be a time limit in Canada. Pressing assault charges’ time limit in Canada is six months for summary convictions, but there is no time limit for indictable offences. There are two types of criminal procedures in Canada, and it is often up to the prosecution to decide what kind of criminal procedure is

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I Got A DUI. What Do I Do Now?

Brian McGlashan July 22, 2020

Getting stopped while driving under the influence can be a scary situation. Everyone makes mistakes, but making the mistake of driving under the influence can be more serious than most other driving charges. What happens if you get a DUI varies based on the situation. If you are found by police to be driving under the influence of drugs or alcohol, there are a number of steps you should take to protect yourself. Firstly, what constitutes Driving Under the Influence? What, Exactly, is Driving Under The Influence? Driving under the influence is more accurately described as being impaired by alcohol

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19+ Important Questions To Ask Your Divorce Lawyer

Brian McGlashan April 6, 2020

Are you considering separation or divorce? Join us as our Edmonton family law expert shares with Canadians the most important questions to ask your divorce lawyer on the first meeting. There’s no question that navigating the waters of separation and divorce is a challenge. When it comes to seeking legal representation, ensuring you are prepared for the first meeting with your divorce lawyer will definitely help smooth out the process, and these thoughtful questions should do just that. Let’s dive in – 1. How many years of experience do you have handling divorce family law cases? When it comes to

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A Simple Guide To Spousal Support in Alberta

Brian McGlashan February 13, 2020

Wondering how spousal support works in Alberta? Today, our experts explain what, exactly, spousal support is, who’s entitled to it, and the different factors that affect how spousal support is calculated in Alberta. Let’s face it. Divorce is hard. When it comes to navigating all of the considerations involved with divorce, there’s no question that it can quickly become mentally, emotionally and financially overwhelming. Spousal support, in particular, can often be especially difficult because there are so many variables that determine whether it’s necessary, who pays it and how much. Looking to clear the air on spousal support in Alberta?

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Can I Travel Outside of Canada with a DUI?

Brian McGlashan February 3, 2020

Have you been convicted of a DUI in Alberta – or elsewhere in Canada – and are now worried about whether you’ll be able to travel outside of Canada? While it would be nice to hear that there are no limitations on travelling internationally with a DUI, that is simply not the case. Related: The Truth About Impaired Driving Penalties in Alberta Whether you will be permitted entry to another country will depend on that country’s laws surrounding impaired driving charges as well as various other circumstances such as the nature of your offence and how you present your situation

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Help! I was Caught Driving Without Insurance in Alberta

Brian McGlashan November 5, 2019

You’ve been charged with driving without insurance in Alberta.  Now what?  Learn about the penalties you may face for driving without auto insurance in Alberta, including tickets & fines, criminal record, arrest & jail time. Penalties Tickets & Fines For first-time offenders, the minimum fine for driving without insurance is most commonly $2,875, but the maximum fine can be as high as $11,500, depending on the conditions surrounding the situation. Demerit Points How many demerit points are given out for driving without insurance? In Alberta, there are no demerits for a No Insurance charge. Criminal Record Is driving without insurance

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Help! I Got Caught Driving Without a License in Alberta

Brian McGlashan August 27, 2019

What happens next? Learn about the penalties you may face for driving without a license in Alberta, including tickets & fines, car seizure (impound), arrest & jail time. Ah, Alberta. The home of buzzing metropolitan centres in both Calgary and Edmonton, the beautiful Rocky Mountains near Banff and Jasper, and a major hub of global oilfield activity in the north. And, well, safe, governed streets and roadways, too. Driving With an Invalid License in Alberta In Alberta, driving offences such as Driving with a Suspended License, Driving While Unauthorized and Driving While Prohibited – are serious offences that can lead

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What are Section 7 Expenses in Alberta? [+Examples]

Brian McGlashan March 6, 2019

So, what exactly do section 7 expenses include? Where do you draw the line? Today, we’re sharing exactly what’s included in section 7 expenses and a few key examples, too.  Let’s dive in… When parents divorce, child support is often one of the arrangements that needs to be agree upon. In looking at what financial support should be provided for the child, there will be both a base amount determined, and in some cases, extraordinary expenses, or Section 7 expenses. The base amount will be determined dealing with the ordinary expenses that most or all children have. This arrangement is

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McGlashan & Company is an Edmonton Criminal Law Firm located just south of Edmonton’s historic Whyte Avenue.

Brian McGlashan has been defending DUI/Impaired Driving charges in Edmonton for over 20+ years.

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