Holiday parties are often a time when people let their hair down and enjoy themselves after a year of hard work. The trouble can come when poor judgments are made, often fuelled by alcohol. This can lead to workplace complaints and criminal charges.
If you’re looking to avoid this trouble or need to know how to navigate holiday parties, we are here to help. It’s important to know the risks and what crimes can often be reported at these types of parties. This will allow you to start the new year in the right way.
Avoiding the Common DUI Charge
Driving under the influence is perhaps the most common legal issue that spikes during the holidays. There are a few reasons for this, with one of them being that there are usually more social obligations. This leads people to drink more than they usually would or in unfamiliar environments.
On top of this, there is often more peer pressure to stay late or have “just” one more drink. This can also be a hectic time for public transport, leading people to drive when they shouldn’t. The police are aware of all of these reasons and are often increasingly vigilant at this time of year.
The legal consequences are more severe than many people realize. Along with a licence suspension, you will be faced with mandatory programs, thousands of dollars in fines and fees, forced to use an ignition interlock device, and increased insurance premiums. With aggravating factors, you may even see jail time.
In Ontario, you can receive warning penalties if your blood alcohol concentration is just below the legal limit. It’s always the best idea to leave your car at home or stay sober. It’s never worth the risk, but some defences can be used for a DUI charge.
Related Article: https://www.agpllp.ca/10-common-dui-defence-strategies-in-ontario/
Avoiding Disorderly Conduct
Disorderly conduct laws can be quite broad. This means that behaviour can cross legal boundaries quickly and lead to trouble before you even realize it. At holiday parties, this can be common as people are drinking together who usually wouldn’t be.
Examples of disorderly conduct at parties can include:
- Public intoxication
- Verbal arguments that escalate
- Refusing to leave a venue after being asked
- Disturbing the peace
- Blocking traffic or causing public disturbances outdoors
Police can sometimes be quick to enforce this charge, as it can help to defuse situations that could lead to more serious crimes. Yet, it’s something you want to avoid as they can result in fines and a criminal record.
It’s important to know when to step away. For example, if you’re socializing with someone you’ve disagreed with previously, be aware of how tensions may rise. As with all of these issues, watching your alcohol intake is always a wise idea.
Avoiding Assault Allegations
What starts as possible disorderly conduct can often develop into something more serious. Holiday celebrations that combine alcohol with old tensions and crowded spaces can often become a recipe for confrontation.
The consequences of an assault can be harsh, with various charges possible depending on the severity of the altercation. The severity is also tied to the injuries sustained, and what was meant to be a minor push can become a serious criminal charge in the wrong circumstances.
When navigating holiday parties, it’s best to avoid any possible confrontation. While an experienced criminal lawyer can help you with the legal defence, assault can also have far-reaching personal and professional consequences that extend far beyond the courtroom.
Related Article: https://www.agpllp.ca/what-happens-if-you-are-charged-with-assault-in-ontario/
How Holiday Parties Can Be Problematic
Holiday parties are often more than just a group of friends. Many times, they are a work gathering, which can be an issue for many reasons. This can be a time when various tensions can come to the fore, and the lines between professional and social conduct can get blurred.
Along with the above, there are other crimes that can be alleged from these gatherings:
- Harassment
- Sexual misconduct
- Criminal damage
- Theft
- Drug possession
- Underage drinking
Such incidents can often affect your employment and personal relationships, along with any legal repercussions. To stay professional, it’s a good idea to give yourself a set limit of drinks, stay aware of power dynamics, avoid gossip, and leave early if you sense a shift in the atmosphere.
FAQs
What steps should I take if legal trouble occurs?
Stay calm and don’t argue with law enforcement. If you are arrested, exercise your right to remain silent and get legal representation at the first opportunity, which is usually when you are taken back to the station.
What are my rights if the police question me?
You have the right to remain silent and the right to legal counsel. Depending on the situation, it’s likely you also have other rights the police will need to respect. It’s important to detail your experience to your lawyer to determine if any of these rights have been breached. If you feel your rights have been breached, don’t argue with the police; let your lawyer argue it in court.
How much can I drink and stay under the limit?
The true answer to this depends on factors such as body size, food, and metabolism. One drink may be fine, but two can be risky. With warning penalties starting at 0.05% BAC, drinking at all isn’t worth it, and it’s best to stay sober and avoid temptation.
Could I be fired for misconduct at a workplace holiday party?
Yes. Even if the party of off-site and after-hours. It will still be regarded as a work-related event, and any behaviour that violates company policies can be punished.
When does flirting become illegal harassment?
When it is unwelcome, persistent, or creates an uncomfortable or hostile environment. The likes of repeated remarks, unwanted touching, sexual jokes, and explicit messages are likely to cross the legal boundary into harassment.
Final Thoughts
Holiday parties often come with regrets the day after. For some, that might be just embarrassment, for others, it can be legal consequences. The risk of trouble is often heightened at this time, and it’s important to try to avoid it, if possible.
If you have found yourself in legal trouble, then it’s important to seek legal advice. Here at AGP LLP, we have vast experience in dealing with a wide variety of criminal cases. Contact us today and see how we can help.
