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Should I Fight My DUI Charges?
DUI Lawyers Ontario Charges
Are you facing Impaired a DUI Over 80mg , drunk driving, Drugs & Marijuana Charges in Ontario? Is it worth fighting a DUI ?? Although the prospects may seem bleak when you are first charged with a drinking and driving offence such as Fail to Provide a Breath Sample, 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. Your best choice? Contact an Impaired Driving Lawyer. Toronto Criminal DUI Lawyer Chris Avery vigorously defends these charges across ONTARIO..(Link To Our Winning Record)
Generally when a person is charged with a Drug , Marijuana, drinking & 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. Contact Chris Avery for a Free Consultation
Toronto & GTA Call 289.481.1007 - Outside GTA Call 1-877-497-3927
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. Given the heavy penalties involved you owe it to yourself to seek the best possible representation from an experienced lawyer with a record of defending these types of cases. 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 speak with you, promptly.
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Where a motorist is deemed to have “refused” to provide a sample due to various failed attempts the Crown also has to show that the device was in working order.
The real issue in these cases is not whether you are “impaired” in any way but rather whether the Crown can prove beyond a reasonable doubt that your ability to operate a motor vehicle is impaired.
Sometimes there may be an innocence explanation for irregular driving such as fatigue, illness or distraction. Other times evidence of bad driving might be offset by a review of the police station video which betrays no obvious signs of impairment.
You don’t actually have to be driving a motor vehicle to be charged with “DUI”.
You can be arrested simply if you are behind the wheel of a parked car but the Crown will have to show that the vehicle was operable and that there was a real risk of danger that you would set the vehicle in motion.
If you are convicted of drinking and driving, your fingerprints and photographs will be retained by the RCMP in Ottawa.
A conviction also means you will have a criminal record which will show up when police run a check and that can hurt your employment opportunities as well as your travel plans.
Sometimes travelers are stopped at the border due to an old conviction. They are stunned to discover that they need to apply for permission to cross.
View Our Winning record
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 an experienced lawyer with a record of defending these types of cases. 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 speak with you, promptly.
Toronto & GTA Call 289.481.1007 - Outside GTA Call 1-877-497-3927
Post-Conviction Consequences for Alcohol and/or Drug Impaired Driving If you are convicted criminally of DUI impaired driving in Ontario:
First Offence:
Second Offence:
Third and subsequent Offences:
"driving under the influence" "I was taking a prescription from my doctor, I never knew I couldn't drive"
Any drug that changes your mood, or the way you see and feel, will affect the way you drive. This is not only true for illegal drugs. There are prescription drugs and some over-the-counter drugs that can also impair your driving ability.
Tips to remember
Remember, fatigue and stress will also affect your ability to drive.
You will be subject to a roadside test if the officer has reason to believe you are under the influence, you will face the charge of Impaired and driving under the influence should you be deemed impaired by the testing officer.