OVER 80 Charge in Ontario
The difference between Impaired and over 80 is best illustrated by an example. Some people simply have no tolerance for alcohol, due perhaps to their youth, inexperience or even health issues. In cases such as these even one or two drinks will dramatically affect their sobriety. If they are pulled over in such a state they would be arrested immediately for impaired driving and taken to the police station. They may well even blow under the legal limit but they will nevertheless face a charge of impaired driving because, despite the relatively minor amount of alcohol that they had to drink the effect on their ability to drive is obvious and pronounced. Conversely, some people such as heavy drinkers and alcoholics can consume inordinate amounts of alcohol and still betray no signs of impairment whatsoever.
Generally when a person is charged with a drinking or driving offence this is the first time that they have ever dealt with the police or the courts and the whole process is quite frightening and confusing. Understandably they have a number of questions.
Although the prospects may seem bleak when you are first charged with a DUI drinking and driving offence it must be remembered that you are presumed innocent until proven guilty and the Crown bears the heavy burden of proving all essential elements of the case beyond a reasonable doubt.
A driver stopped by the police engages several potential Charter issues.
The motorist’s detention invokes s. 9 (arbitrary detention), s. 10(a) (right to be informed of the reason why) and s. 10(b) the right to counsel. Furthermore, the officer’s search for evidence is generally warrantless and raises s. 8 issues relating to unreasonable search and seizure.
The accused is also entitled to full disclosure (s. 7 fundamental justice) as well as the right to be tried within a reasonable time (s. 11B). Against this constitutional background these cases can be fought and won. Many cases also turn on common investigative lapses that a skilled counsel can exploit.
Given the heavy penalties involved you owe it to yourself to seek the best possible representation from experienced lawyers with a proven record of success defending these types of cases. With Mr Avery has assembled a team of the best available impaired driving resources located throughout the province so he can provide you with the best possible defence.
If you are uncertain about your rights and need to win the case to keep your licence and avoid a criminal record then why not call the Impaired Driving Defence Centre? Our initial consultation is always free and IDDC colleagues can meet you promptly close to wherever you live.
|Oshawa Pickering||Kitchener Waterloo||Orangeville|
|L’Orignal||Parry Sound||St. Thomas|
|Ottawa||Sault Ste. Marie||Stratford|