One of the questions any potential client charged with DUI is asking themselves is whether or not they should fight their charges?  They want to know if paying a lawyer is worth the expense when a police officer says "they blew over" or "there was an accident."  People want to know whether or not they should spend the money when they can plead guilty and "just" get a fine and get their license back under Stream "A" within a few months. 

 

You have the right to a trial in Canada.  There is very little downside risk to running a trial.  Some of the defences are apparent from the initial interview.  Therefore you have nothing to lose by taking advantage of a  free call for an initial discussion about your case.  Most people are quite pleasantly surprised that all hope is not lost after speaking with us about their case.

 

 

 

There are defences to DUI cases, whether or not they are impaired driving, over 80, or refuse to blow.  The government is required to prove any allegation of any criminal offence beyond a reasonable doubt.  Trials are used as a means of limiting state power.  The constitutional arguments raised contribute to the rule of law in Canada.  Despite what the police and the manufacturers of the technology like to tell the public, the breathalyzer machines are not infallible.  They have margins of error at the best of times and are outright wrong at the worst.  There are health issues that can result in a false positive.  Interference from other devices can result in errors.  Failure to maintain and calibrate the machine properly can result in errors.

 

Third and subsequent Offences:
 

•     Mandatory education or treatment program
•     Variable interlock periods (depending on sequence of prior convictions)
•     mandatory minimum 120 days imprisonment
•    Lifetime licence suspension (can be reduced to 10 years if certain conditions are met on the third conviction; on fourth or subsequent conviction lifetime suspension with no possibility of reduction)

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.

 Link To Our Winning Record

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.