A DUI charge can be an expensive charge in Ontario. Driving Under the Influence is a criminal offense that results in severe penalties with a finding of guilty and can result in a permanent criminal record or expensive repercussions. This blog post will discuss how you can beat DUI charges by contacting our Toronto-area law offices for help when you need it most!
Complicated Case Law
When a person in Ontario faces DUI charges, they must consult a criminal trial lawyer with demonstrated expertise in defending these cases. DUI has a tendency to be complicated due to numerous charges that may include:
- Impaired Driving – Physical evidence and also observations by police indicate operating a vehicle while intoxicated.
- Over 0.80 Blood Alcohol – Breathalyzer readings show a blood alcohol concentration of more than 80 milligrams per 100 milliliters.
- Refusing a breath sample – Consequences for refusing a roadside or breathalyzer sample or when there is no reading returned from a sample.
- Care and control – When the suspect was found in a position within their vehicle where they could have driven while they were impaired.
- Underage impaired driving – Zero tolerance for driving under the influence of alcohol or drugs regarding an individual’s age.
In many cases, there will be charges for multiple offenses at once. These charges can compound if, for example, a driver fails to provide a breath sample, refuses this test, or gets behind the wheel after they have had too much to drink. Reliable Defence Counsel can lead to various options, such as pleading guilty and receiving lesser charges or withdrawing charges.
Plea Bargain for Reduced Charges
Defense attorneys have a number of issues they can bring up to negotiate for pleas that reduce any charge incurred. Any flaws in the case, evidentiary or procedural, may allow a plea to reduced charges.
While you may still incur a fine and points on your driving record, the sentence will undoubtedly be more favorable than with the previous crime of DUI. Choosing the Best Criminal Law Firm can also be a key factor in defending DUI charges.
Violation of Charter Rights
Ontario courts are highly concerned with upholding Charter Rights to ensure that the law is applied fairly in all cases. Judges maintain this fairness by excluding relevant evidence when connected to violations of Charter Rights and often dismissing charges based on these breaches.
Among rights that can be excluded through violations are failures such as providing a suspect with an explanation of charges, an opportunity to consult with a lawyer, interpretation services when there is a language barrier, and informing the suspect about their Charter Rights.
Other rights include excessive detainment or leaving a suspect in an indefinite state of uncertainty for the detainment.
Procedural Mistakes
Mistakes in procedure can lead judges to exclude case evidence. This may include the implementation of the roadside screening device or the untimely delay in administering a breathalyzer device. Facing Criminal Charges means consulting an experienced lawyer to keep track of the entire experience.
Reasonable Doubt
The concept of reasonable doubt becomes crucial in establishing guilt in DUI cases. Skilled Toronto DUI lawyers question all elements of the Crown’s case that might raise doubts about the evidence.
If, for example, one arresting officer on-site states the defendant was slurring their words, but another officer testifies the opposite, reasonable doubt has been raised.
An effective lawyer may also raise doubt in the implementation and accuracy of testing equipment or may dispute the intent to operate a vehicle under “care and control.”
The best chance of beating DUI charges is when the prosecution’s evidence is unclear.
Please consult with us for your Ontario DUI Defence Needs
Our criminal defence lawyer have a reputation for securing favorable outcomes in DUI cases, successfully defending thousands of Toronto-area cases.
If someone you know is facing charges of DUI so, contact us for a free consultation.