A driver stopped by the Durham 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.