How do you rate this theme:
Unable to find link with id: ''.
Search Routes:Criminal Code of Canada - Impaired Driving,& Over 80, & Refusal
905-273-3322 or 1-877-273-3322
Criminal Code of Canada
Impaired Driving Sections
Note: There are changes to these sections. Please see
on the subject.
while impaired
253. Every one commits an offence who operates a motor
vehicle or vessel or operates or assists in the operation of an aircraft or of
railway equipment or has the care or control of a motor vehicle, vessel,
aircraft or railway equipment, whether it is in motion or not,
(a) while the person's ability to operate the vehicle,
vessel, aircraft or railway equipment is impaired
(b) having consumed alcohol in such a quantity that the
concentration in the person's blood exceeds eighty milligrams of alcohol in one
hundred millilitres of blood.
R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s.
36, c. 32 (4th Supp.), s. 59.
Possible Issues: , ,
Definitions
254. (1) In this section and sections 255 to 258,
<<analyste>>
&analyst& means a person designated by the Attorney
General as an analyst for the purposes of section 258;
container& <<contenant approuvé>>
&approved container& means
(a) in respect of breath samples, a container of a kind
that is designed to receive a sample of the breath of a person for analysis and
is approved as suitable for the purposes of section 258 by order of the Attorney
General of Canada, and
(b) in respect of blood samples, a container of a kind
that is designed to receive a sample of the blood of a person for analysis and
is approved as suitable for the purposes of section 258 by order of the Attorney
General of C
instrument& <<alcootest approuvé>>
&approved instrument& means an instrument of a kind
that is designed to receive and make an analysis of a sample of the breath of a
person in order to measure the concentration of alcohol in the blood of that
person and is approved as suitable for the purposes of section 258 by order of
the Attorney General of C
screening device& <<appareil de détection approuvé>>
&approved screening device& means a device of a kind
that is designed to ascertain the presence of alcohol in the blood of a person
and that is approved for the purposes of this section by order of the Attorney
General of C
&qualified
medical practitioner& <<médecin qualifié>>
&qualified medical practitioner& means a person duly
qualified by provincial law
&qualified
technician& <<technicien qualifié>>
&qualified technician& means,
(a) in respect of breath samples, a person designated by
the Attorney General as being qualified to operate an approved instrument, and
(b) in respect of blood samples, any person or person of
a class of persons designated by the Attorney General as being qualified to take
samples of blood for the purposes of this section and sections 256 and 258.
for presence of alcohol in the blood
(2) Where a peace officer reasonably suspects that a person who
is operating a motor vehicle or vessel or operating or assisting in the
operation of an aircraft or of railway equipment or who has the care or control
of a motor vehicle, vessel or aircraft or of railway equipment, whether it is in
motion or not, has alcohol in the person's body, the peace officer may, by
demand made to that person, require the person to provide forthwith such a
sample of breath as in the opinion of the peace officer is necessary to enable a
proper analysis of the breath to be made by means of an approved screening
device and, where necessary, to accompany the peace officer for the purpose of
enabling such a sample of breath to be taken.
Possible Issues: ,
of breath or blood where reasonable belief of commission of offence
(3) Where a peace officer believes on reasonable and probable
grounds that a person is committing, or at any time within the preceding two
hours has committed, as a result of the consumption of alcohol, an offence under
section 253, the peace officer may, by demand made to that person forthwith or
as soon as practicable, require that person to provide then or as soon
thereafter as is practicable
(a) such samples of the person's breath as in the opinion
of a qualified technician, or
(b) where the peace officer has reasonable and probable
grounds to believe that, by reason of any physical condition of the person,
(i) the person may be incapable of providing a sample of his
breath, or
(ii) it would be impracticable to obtain a sample of the
person's breath,
such samples of the person's blood, under the conditions
referred to in subsection (4), as in the opinion of the qualified medical
practitioner or qualified technician taking the samples
are necessary to enable proper analysis to be made in order to
determine the concentration, if any, of alcohol in the person's blood, and to
accompany the peace officer for the purpose of enabling such samples to be
Possible Issues: , ,
(4) Samples of blood may only be taken from a person pursuant to
a demand made by a peace officer under subsection (3) if the samples are taken
by or under the direction of a qualified medical practitioner and the qualified
medical practitioner is satisfied that the taking of those samples would not
endanger the life or health of the person.
or refusal to provide sample
(5) Every one commits an offence who, without reasonable excuse,
fails or refuses to comply with a demand made to him by a peace officer under
this section.
Possible Issues: ,
one conviction for failure to comply with demand
(6) A person who is convicted of an offence committed under
subsection (5) for a failure or refusal to comply with a demand made under
subsection (2) or paragraph (3)(a) or (b) in respect of any
transaction may not be convicted of another offence committed under subsection
(5) in respect of the same transaction.
R.S., 1985, c. C-46, s. 254; R.S., 1985, c. 27 (1st Supp.), s.
36, c. 1 (4th Supp.), ss. 14, 18(F), c. 32 (4th Supp.), s. 60.
Punishment
255. (1) Every one who commits an offence under section
253 or 254 is guilty of an indictable offence or an offence punishable on
summary conviction and is liable,
(a) whether the offence is prosecuted by indictment or
punishable on summary conviction, to the following minimum punishment, namely,
(i) for a first offence, to a fine of not less than six hundred dollars,
(ii) for a second offence, to imprisonment for not less than
fourteen days, and
(iii) for each subsequent offence, to imprisonment for not less
(b) where the offence is prosecuted by indictment, to
imprisonment for a term not
(c) where the offence is punishable on summary
conviction, to imprisonment for a term not exceeding six months.
driving causing bodily harm
(2) Every one who commits an offence under paragraph 253(a)
and thereby causes bodily harm to any other person is guilty of an indictable
offence and liable to imprisonment for a term not exceeding ten years.
driving causing death
(3) Every one who commits an offence under paragraph 253(a)
and thereby causes the death of any other person is guilty of an indictable
offence and liable to imprisonment for a term not exceeding fourteen years.
convictions
(4) Where a person is convicted of an offence committed under
paragraph 253(a) or (b) or subsection 254(5), that person shall,
for the purposes of this Act, be deemed to be convicted for a second or
subsequent offence, as the case may be, if the person has previously been
convicted of
(a) an offence committed under any
(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.
R.S., 1985, c. C-46, s. 255; R.S., 1985, c. 27 (1st Supp.), s.
Note: New section 255.1 not reproduced.
to obtain blood samples
256. (1) Subject to subsection (2), where a justice is
satisfied, on an information on oath in Form 1 or on an information on oath
submitted to the justice pursuant to section 487.1 by telephone or other means
of telecommunication, that there are reasonable grounds to believe that
(a) a person has, within the preceding four hours,
committed, as a result of the consumption of alcohol, an offence under section
253 and the person was involved in an accident resulting in the death of another
person or in bodily harm to himself or herself or to any other person, and
(b) a qualified medical practitioner is of the opinion
(i) by reason of any physical or mental condition of the person
that resulted from the consumption of alcohol, the accident or any other
occurrence related to or resulting from the accident, the person is unable to
consent to the taking of samples of his blood, and
(ii) the taking of samples of blood from the person would not
endanger the life or health of the person,
the justice may issue a warrant authorizing a peace officer to
require a qualified medical practitioner to take, or to cause to be taken by a
qualified technician under the direction of the qualified medical practitioner,
such samples of the blood of the person as in the opinion of the person taking
the samples are necessary to enable a proper analysis to be made in order to
determine the concentration, if any, of alcohol in his blood.
(2) A warrant issued pursuant to subsection (1) may be in Form 5
or 5.1 varied to suit the case.
Information
(3) Notwithstanding paragraphs 487.1(4)(b) and (c),
an information on oath submitted by telephone or other means of
telecommunication for the purposes of this section shall include, instead of the
statements referred to in those paragraphs, a statement setting out the offence
alleged to have been committed and identifying the person from whom blood
samples are to be taken.
of warrant
(4) Samples of blood may be taken from a person pursuant to a
warrant issued pursuant to subsection (1) only during such time as a qualified
medical practitioner is satisfied that the conditions referred to in
subparagraphs (1)(b)(i) and (ii) continue to exist in respect of that
(5) Where a warrant issued pursuant to subsection (1) is
executed, the peace officer shall, as soon as practicable thereafter, give a
copy or, in the case of a warrant issued by telephone or other means of
telecommunication, a facsimile of the warrant to the person from whom the blood
samples were taken.
R.S., 1985, c. C-46, s. 256; R.S., 1985, c. 27 (1st Supp.), s.
36; 1992, c. 1, s. 58; 1994, c. 44, s. 13.
offence committed
257. (1) No qualified medical practitioner or qualified
technician is guilty of an offence only by reason of his refusal to take a
sample of blood from a person for the purposes of section 254 or 256 and no
qualified medical practitioner is guilty of an offence only by reason of his
refusal to cause to be taken by a qualified technician under his direction a
sample of blood from a person for those purposes.
criminal or civil liability
(2) No qualified medical practitioner by whom or under whose
direction a sample of blood is taken from a person pursuant to a demand made
under subsection 254(3) or a warrant issued under section 256 and no qualified
technician acting under the direction of a qualified medical practitioner incurs
any criminal or civil liability for anything necessarily done with reasonable
care and skill in the taking of such a sample of blood.
R.S., 1985, c. C-46, s. 257; R.S., 1985, c. 27 (1st Supp.), s.
Note: the evidentiary presumptions under section 258(1)(c)
below have changed effective July 2008. The constitutionality of the new
provisions dramatically changing &evidence to the contrary& is still
before the Courts.
Proceedings
under section 255
258. (1) In any proceedings under subsection 255(1) in
respect of an offence committed under section 253 or in any proceedings under
subsection 255(2) or (3),
(a) where it is proved that the accused occupied the seat
or position ordinarily occupied by a person who operates a motor vehicle, vessel
or aircraft or any railway equipment or who assists in the operation of an
aircraft or of railway equipment, the accused shall be deemed to have had the
care or control of the vehicle, vessel, aircraft or railway equipment, as the
case may be, unless the accused establishes that the accused did not occupy that
seat or position for the purpose of setting the vehicle, vessel, aircraft or
railway equipment in motion or assisting in the operation of the aircraft or
railway equipment,
Possible Issues:
(b) the result of an analysis of a sample of the breath
or blood of the accused (other than a sample taken pursuant to a demand made
under subsection 254(3)) or of the urine or other bodily substance of the
accused may be admitted in evidence notwithstanding that, before the accused
gave the sample, he was not warned that he need not give the sample or that the
result of the analysis of the sample might
(c) where samples of the breath of the accused have been
taken pursuant to a demand made under subsection 254(3), if
(i) [Not in force]
(ii) each sample was taken as soon as practicable after the time
when the offence was alleged to have been committed and, in the case of the
first sample, not later than two hours after that time, with an interval of at
least fifteen minutes between the times when the samples were taken,
(iii) each sample was received from the accused directly into an
approved container or into an approved instrument operated by a qualified
technician, and
(iv) an analysis of each sample was made by means of an approved
instrument operated by a qualified technician,
evidence of the results of the analyses so made is,
absence of evidence to the contrary, proof that the concentration of alcohol in
the blood of the accused at the time when the offence was alleged to have been
committed was, where the results of the analyses are the same, the concentration
determined by the analyses and, where the results of the analyses are different,
the lowest of the concentrations determ
Possible Issues:
(d) where a sample of the blood of the accused has been
taken pursuant to a demand made under subsection 254(3) or otherwise with the
consent of the accused or pursuant to a warrant issued under section 256, if
(i) at the time the sample was taken, the person taking the
sample took an additional sample of the blood of the accused and one of the
samples was retained, to permit an analysis thereof to be made by or on behalf
of the accused and, in the case where the accused makes a request within six
months from the taking of the samples, one of the samples was ordered to be
released pursuant to subsection (4),
(ii) both samples referred to in subparagraph (i) were taken as
soon as practicable after the time when the offence was alleged to have been
committed and in any event not later than two hours after that time,
(iii) both samples referred to in subparagraph (i) were taken by
a qualified medical practitioner or a qualified technician under the direction
of a qualified medical practitioner,
(iv) both samples referred to in subparagraph (i) were received
from the accused directly into, or placed directly into, approved containers
that were subsequently sealed, and
(v) an analysis was made by an analyst of at least one of the
samples that was contained in a sealed approved container,
evidence of the result of the analysis is, in the absence of
evidence to the contrary, proof that the concentration of alcohol in the blood
of the accused at the time when the offence was alleged to have been committed
was the concentration determined by the analysis or, where more than one sample
was analyzed and the results of the analyses are the same, the concentration
determined by the analyses and, where the results of the analyses are different,
the lowest of the concentrations determ
(d.1) where samples of the breath of the accused or a
sample of the blood of the accused have been taken as described in paragraph (c)
or (d) under the conditions described therein and the results of the
analyses show a concentration of alcohol in blood exceeding eighty milligrams of
alcohol in one hundred millilitres of blood, evidence of the result of the
analyses is, in the absence of evidence tending to show that the concentration
of alcohol in the blood of the accused at the time when the offence was alleged
to have been committed did not exceed eighty milligrams of alcohol in one
hundred millilitres of blood, proof that the concentration of alcohol in the
blood of the accused at the time when the offence was alleged to have been
committed exceeded eighty milligrams of alcohol in one hundred millilitres of
(e) a certificate of an analyst stating that the analyst
has made an analysis of a sample of the blood, urine, breath or other bodily
substance of the accused and stating the result of that analysis is evidence of
the facts alleged in the certificate without proof of the signature or the
official character of the person appearing to have si
(f) a certificate of an analyst stating that the analyst
has made an analysis of a sample of an alcohol standard that is identified in
the certificate and intended for use with an approved instrument and that the
sample of the standard analyzed by the analyst was found to be suitable for use
with an approved instrument, is evidence that the alcohol standard so identified
is suitable for use with an approved instrument without proof of the signature
or the official character of the person appearing to have signed the
(g) where samples of the breath of the accused have been
taken pursuant to a demand made under subsection 254(3), a certificate of a
qualified technician stating
(i) that the analysis of each of the samples has been made by
means of an approved instrument operated by the technician and ascertained by
the technician to be in proper working order by means of an alcohol standard,
identified in the certificate, that is suitable for use with an approved
instrument,
(ii) the results of the analyses so made, and
(iii) if the samples were taken by the technician,
(A) [Not in force]
(B) the time when and place where each sample and any specimen
described in clause (A) was taken, and
(C) that each sample was received from the accused directly into
an approved container or into an approved instrument operated by the technician,
is evidence of the facts alleged in the certificate without
proof of the signature or the official character of the person appearing to have
(h) where a sample of the blood of the accused has been
taken pursuant to a demand made under subsection 254(3) or otherwise with the
consent of the accused or pursuant to a warrant issued under section 256,
(i) a certificate of a qualified medical practitioner stating
(A) the medical practitioner took the sample and that before the
sample was taken he was of the opinion that the taking of blood samples from the
accused would not endanger the life or health of the accused and, in the case of
a demand made pursuant to a warrant issued pursuant to section 256, that by
reason of any physical or mental condition of the accused that resulted from the
consumption of alcohol, the accident or any other occurrence related to or
resulting from the accident, the accused was unable to consent to the taking of
his blood,
(B) at the time the sample was taken, an additional sample of
the blood of the accused was taken to permit analysis of one of the samples to
be made by or on behalf of the accused,
(C) the time when and place where both samples referred to in
clause (B) were taken, and
(D) both samples referred to in clause (B) were received from
the accused directly into, or placed directly into, approved containers that
were subsequently sealed and that are identified in the certificate,
(ii) a certificate of a qualified medical practitioner stating
that the medical practitioner caused the sample to be taken by a qualified
technician under his direction and that before the sample was taken the
qualified medical practitioner was of the opinion referred to in clause (i)(A),
(iii) a certificate of a qualified technician stating that the
technician took the sample and the facts referred to in clauses (i)(B) to (D)
is evidence of the facts alleged in the certificate without
proof of the signature or official character of the person appearing to have
(i) a certificate of an analyst stating that the analyst
has made an analysis of a sample of the blood of the accused that was contained
in a sealed approved container identified in the certificate, the date on which
and place where the sample was analyzed and the result of that analysis is
evidence of the facts alleged in the certificate without proof of the signature
or official character of the person appearing to have signed it.
obligation to give sample except as required under section 254
(2) No person is required to give a sample of urine or other
bodily substance for analysis for the purposes of this section except breath or
blood as required under section 254, and evidence that a person failed or
refused to give such a sample or that such a sample was not taken is not
admissible nor shall such a failure or refusal or the fact that a sample was not
taken be the subject of comment by any person in the proceedings.
of failure to comply with demand
(3) In any proceedings under subsection 255(1) in respect of an
offence committed under paragraph 253(a) or in any proceedings under
subsection 255(2) or (3), evidence that the accused, without reasonable excuse,
failed or refused to comply with a demand made to him by a peace officer under
section 254 is admissible and the court may draw an inference therefrom adverse
to the accused.
of specimen for testing
(4) A judge of a superior court of criminal jurisdiction or a
court of criminal jurisdiction shall, on the summary application of the accused
made within six months from the day on which samples of the blood of the accused
were taken, order the release of one of the samples for the purpose of an
examination or analysis thereof, subject to such terms as appear to be necessary
or desirable to ensure the safeguarding of the sample and its preservation for
use in any proceedings in respect of which it was retained.
blood for presence of drugs
(5) Where a sample of blood of an accused has been taken
pursuant to a demand made under subsection 254(3) or otherwise with the consent
of the accused or pursuant to a warrant issued under section 256, the sample may
be tested for the presence of drugs in the blood of the accused.
Attendance
and right to cross-examine
(6) A party against whom a certificate described in paragraph
(1)(e), (f), (g), (h) or (i) is produced may,
with leave of the court, require the attendance of the qualified medical
practitioner, analyst or qualified technician, as the case may be, for the
purposes of cross-examination.
of intention to produce certificate
(7) No certificate shall be received in evidence pursuant to
paragraph (1)(e), (f), (g), (h) or (i) unless
the party intending to produce it has, before the trial, given to the other
party reasonable notice of his intention and a copy of the certificate.
R.S., 1985, c. C-46, s. 258; R.S., 1985, c. 27 (1st Supp.), s.
36, c. 32 (4th Supp.), s. 61; 1992, c. 1, s. 60(F); 1994, c. 44, s. 14(E); 1997,
c. 18, s. 10.
order of prohibition
259. (1) Where an offender is convicted of an offence
committed under section 253 or 254 or discharged under section 730 of an offence
committed under section 253 and, at the time the offence was committed or, in
the case of an offence committed under section 254, within the two hours
preceding that time, was operating or had the care or control of a motor
vehicle, vessel or aircraft or of railway equipment or was assisting in the
operation of an aircraft or of railway equipment, the court that sentences the
offender shall, in addition to any other punishment that may be imposed for that
offence, make an order prohibiting the offender from operating a motor vehicle
on any street, road, highway or other public place, or from operating a vessel
or an aircraft or railway equipment, as the case may be,
(a) for a first offence, during a period of not more than
three years plus any period to which the offender is sentenced to imprisonment,
(b) for a second offence, during a period of not more
than five years plus any period to which the offender is sentenced to
imprisonment, and not and
(c) for each subsequent offence, during a period of not
less than three years plus any period to which the offender is sentenced to
imprisonment.
Note: New section 1.1 not reproduced.
Discretionary
order of prohibition
(2) Where an offender is convicted or discharged under section
730 of an offence under section 220, 221, 236, 249, 250, 251 or 252, subsection
255(2) or (3) or this section committed by means of a motor vehicle, vessel or
aircraft or of railway equipment, the court that sentences the offender may, in
addition to any other punishment that may be imposed for that offence, make an
order prohibiting the offender from operating a motor vehicle on any street,
road, highway or other public place, or from operating a vessel, an aircraft or
railway equipment, as the case may be,
(a) during any period that the court considers proper, if
the offender is liable to imprisonment for life in res
(b) during any period not exceeding ten years plus any
period to which the offender is sentenced to imprisonment, if the offender is
liable to imprisonment for more than five years but less than life in respect of
(c) during any period not exceeding three years plus any
period to which the offender is sentenced to imprisonment, in any other case.
(3) No order made under subsection (1) or (2) shall operate to
prevent any person from acting as master, mate or engineer of a vessel that is
required to carry officers holding certificates as master, mate or engineer.
while disqualified
(4) Every one who operates a motor vehicle, vessel or aircraft
or any railway equipment in Canada while disqualified from doing so
(a) is guilty of an indictable offence and liable to
imprisonment for a term not
(b) is guilty of an offence punishable on summary
conviction.
Definition
of &disqualification&
(5) For the purposes of this section,
&disqualification& means
(a) a prohibition from operating a motor vehicle, vessel
or aircraft or any railway equipment ordered pursuant to subsection (1) or (2);
(b) a disqualification or any other form of legal
restriction of the right or privilege to operate a motor vehicle, vessel or
aircraft imposed
(i) in the case of a motor vehicle, under the law of a province,
(ii) in the case of a vessel or an aircraft, under an Act of
Parliament,
in respect of a conviction or discharge under section 730 of any
offence referred to in subsection (1) or (2).
R.S., 1985, c. C-46, s. 259; R.S., 1985, c. 27 (1st Supp.), s.
36, c. 1 (4th Supp.), s. 18(F), c. 32 (4th Supp.), s. 62; 1995, c. 22, ss. 10,
18; 1997, c. 18, s. 11.
Proceedings
on making of prohibition order
260. (1) Where a court makes a prohibition order under
subsection 259(1) or (2) in relation to an offender, it shall cause
(a) the order to be read b
(b) a copy of the order to be g and
(c) the offender to be informed of subsection 259(4).
Endorsement
by offender
(2) After subsection (1) has been complied with in relation to
an offender who is bound by an order referred to in that subsection, the
offender shall endorse the order, acknowledging receipt of a copy thereof and
that the order has been explained to him.
of order not affected
(3) The failure of an offender to endorse an order pursuant to
subsection (2) does not affect the validity of the order.
(4) In the absence of evidence to the contrary, where it is
proved that a disqualification referred to in paragraph 259(5)(b) has
been imposed on a person and that notice of the disqualification has been mailed
by registered or certified mail to that person, that person shall, after five
days following the mailing of the notice, be deemed to have received the notice
and to have knowledge of the disqualification, of the date of its commencement
and of its duration.
Certificate
admissible in evidence
(5) In proceedings under section 259, a certificate setting out
with reasonable particularity that a person is disqualified from
(a) driving a motor vehicle in a province, purporting to
be signed by the registrar of motor vehicles for that province, or
(b) operating a vessel or aircraft, purporting to be
signed by the Minister of Transport or any person authorized by the Minister of
Transport for that purpose
is evidence of the facts alleged therein without proof of the
signature or official character of the person by whom it purports to be signed.
to accused
(6) Subsection (5) does not apply in any proceedings unless at
least seven days notice in writing is given to the accused that it is intended
to tender the certificate in evidence.
Definition
of &registrar of motor vehicles&
(7) In subsection (5), &registrar of motor vehicles&
includes the deputy of that registrar and any other person or body, by whatever
name or title designated, that from time to time performs the duties of
superintending the registration of motor vehicles in the province.
R.S., 1985, c. C-46, s. 260; R.S., 1985, c. 27 (1st Supp.), s.
36, c. 1 (4th Supp.), s. 18(F).
of order pending appeal
261. (1) Where an appeal is taken against a conviction or
discharge under section 730 for an offence committed under any of sections 220,
221, 236, 249 to 255 and 259, a judge of the court being appealed to may direct
that any order under subsection 259(1) or (2) arising out of the conviction or
discharge shall, on such conditions as the judge or court may impose, be stayed
pending the final disposition of the appeal or until otherwise ordered by that
of conditions
(2) Where conditions are imposed pursuant to a direction made
under subsection (1) that a prohibition order under subsection 259(1) or (2) be
stayed, the direction shall not operate to decrease the period of prohibition
provided in the order made under subsection 259(1) or (2).
R.S., 1985, c. C-46, s. 261; R.S., 1985, c. 27 (1st Supp.), s.
36, c. 1 (4th Supp.), s. 18(F); 1994, c. 44, ss. 15, 103; 1995, c. 22, s. 10;
1997, c. 18, ss. 12, 141.
Stephen R. Biss, Barrister & Solicitor
470 Hensall Circle, Suite 303
Mississauga, Ontario
905-273-3322& or 1-877-273-3322
Advertisement. Any legal opinions
expressed at this site relate to the Province of Ontario, Canada only. If you
reside or carry on business in any other jurisdiction please consult a lawyer,
solicitor, or attorney in your own jurisdiction. WARNING: All information
contained herein is provided for the purpose of providing basic information only
and should not be construed as formal legal advice. The author disclaims any and
all liability resulting from reliance upon such information. You are strongly
encouraged to seek and retain professional legal advice before relying upon any
of the information contained herein.}