Underage Drinking and Driving Is A Criminal Offence in Southern Ontario,

The law in is straightforward when it comes to teen drinking and driving offences. As per the law, there is a zero tolerance policy in Southern Ontario to such crimes. Since teenagers are inexperienced drivers, they put their own lives as well as the lives of others in grave danger while driving under the influence of alcohol. This is the main reason why the law in the case of teen drinking and driving in Southern Ontario is strict. If you have been charged with laws governing teen drinking and driving offences then you need a competent lawyer by your side. We are one of the leading DUI law firms in Southern Ontario and we can help you even in the worst-case scenarios.

A DUI charge is considered a serious offence throughout the entire country and is dealt with in the most strictest ways in Southern Ontario and elsewhere in . In the case of an underage DUI, things can get even worse because there is a zero tolerance policy. In some cases, such as a false DUI arrest, we will have to prove that the evidence against you is invalid. In such a case you will require the services of an experienced DUI lawyer to be safeguarded against serious punishments.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Southern Ontario

Southern Ontario Zero Tolerance Policy Against Underage DUI Offences

The zero tolerance policy was adopted in order to curb the rising underage DUI offences. Since its adoption, if an underage driver is found with even a minute percentage of Blood Alcohol Concentration (BAC), the underage driver will be arrested immediately.

In the case of an underage DUI conviction, it is obvious that punishments will be imposed heavily on the driver and in addition to the punishment, the driver will also get a criminal record.

The Negative Consequences of Teen Drunk Driving Charges in Southern Ontario

The consequences of a teen drunk driving conviction are generally harsher than that of an adult first timer. In the case of a DUI under 19, minors face penalties for driving under the influence as well as underage drinking. This would mean you could lose your licence for up to two years, end up doing community service and may have to pay thousands of dollars in fines in addition to getting a criminal record. On the other hand, for subsequent charges, you may end up getting your licence cancelled permanently, and doing jail time in the worst case scenario.

Get Reliable Help If You’ve Received An Underage DUI in Southern Ontario,

Although the punishments and consequences of an underage drinking and driving conviction are tough, minors still have rights just as the adults under the legal system. The prosecutor has to show and prove to the court all the elements of the charges which include that the minor was driving and that the stop was for a rightful reason. Because of the life-altering consequences and penalties that a DUI offence has on a minor, it is always a great idea to fight a DUI in court. Contact our Southern Ontario DUI lawyer for the most professional representation in court.

Understanding The DUI Arrest Procedure in Scarborough, Ontario

DUI offences are termed and handled under strict laws in Scarborough, Ontario. The laws in Ontario are quite harsh when it comes to driving under the influence or DUI offences. If your blood alcohol concentration is above the prescribed limit, then you will be arrested for DUI and will have to face these proceedings in court as per the provisions of the law. A DUI arrest process is similar to any other criminal offence arrest process in Scarborough.

You will have to give a blood sample or a breathalyzer sample when requested by the police official. If your BAC levels are above the prescribed limit, you will be detained and presented before a court of law. Seeking the services of a Scarborough DUI lawyer will ensure that you get represented in court in the most effectual method.

The fact that a DUI is considered a crime under the Criminal Code means that you can be easily convicted among other harsh consequences such as losing your licence, paying a hefty fine, doing community service, and above all you will end up having a criminal record.

This is why it becomes crucial for your DUI offence to be dealt with effectively. Dealing with a DUI can be quite overwhelming and this is the reason why you will need help from a competent DUI lawyer in Scarborough who will assist you and win your case.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Scarborough

Dealing with a DUI and Aquiring the Help of a Scarborough DUI Lawyer

It is important that you hire a competent DUI lawyer who is capable of analyzing your case thoroughly and who delivers the best performance while dealing with a DUI against you in the court of law. Contact our Scarborough DUI lawyer today, and we will be willing to help you out of your situation by any means possible.

Pleading Guilty or Not When Dealing with a DUI in Scarborough, Ontario

After assessing your case, your lawyer will determine whether you should plead guilty or not in the court of law. All of which will depend entirely on the circumstances of the case that only your lawyer will be able to conclude.

Since DUI is a criminal offence as per the provisions of the Criminal Code, the punishments and penalties for the offence are quite serious. If you are wondering on how to successfully handle a DUI and the DUI process, then worry not since our Scarborough DUI lawyer is at your aid. We have the most qualified and reliable lawyers who have, over the years, successfully handled similar cases. When you hire us, you will increase the likelyhood that the ruling will end in your favour.

We Understand The DUI Arrest Procedure in Scarborough, Ontario

After a police officer has collected your blood sample or breath sample, he/she will hand it over to a professional technician who will undertake the necessary test. If the blood alcohol concentration is above the prescribed limit, then they will have the necessary grounds to arrest you. You will be detained and thereafter taken to court. During this time, it is crucial that you contact us so we can be able to prepare your DUI defence as soon as possible.

What You Need To Know Regarding The Laws For DUI in Southern Ontario,

The DUI laws in Southern Ontario are very clear. Section 253(1) states that everyone commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not.

There are two sides to this. The first instance is where alcohol or a drug impair the person’s ability to operate the vehicle, vessel, aircraft or railway equipment. The second instance is where one has consumed so much alcohol that its concentration in his/her blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.

Over the years, DUI offences have constituted the bulk of criminal cases on trial in the courts in Southern Ontario or . As experienced DUI attorneys, we have consistently defended our clients on DUI charges by challenging the Crown on highly technical grounds. Our defences are mostly inclined to police violations of Sections 8, 9 and 10(b) on the Charter of Rights and Freedom.

The most heavily litigated criminal cases in Southern Ontario, are related to DUI laws. However, the proof for impaired driving and later conviction is largely based on the observation of eye witnesses and the investigating officer. While proof of an over 80mg offence entails taking a breath sample or blood sample to measure the level of Blood Alcohol Concentration (BAC), it can be more complex in the case of impaired driving due to the intake of drugs. In this case, an evaluation performed by a a Drug Recognition Expert and drafting of reports is required to pin charges on the accused.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Southern Ontario

What is Required To Justify a DUI Offence Under Southern Ontario DUI Laws

The essential elements for proof of offence under the laws of DUI include time and date, jurisdiction and the identity of the accused. In addition to this, there are laws under section 253(1) (a) which says that an officer can detain an accused on reasonable suspicion that there is alcohol or drugs in his/her body and that the accused was operating or in care or control of the vehicle. The officer also has to prove beyond a reasonable doubt that the accused had an impaired ability to drive at that time and that alcohol or drugs caused the impairment.

This section is similar to the previous section, where the essential elements of proof of offence for laws of DUI include time and date, jurisdiction and identity of the accused. However, section 253(1) (b) under laws for DUI is based on the situation where the Blood Alcohol Concentration (BAC) of the accused is over 80. The intricacies of the law demand that each sample of the blood is taken as soon as the offence is committed and the first sample should not be taken later than 2 hours after the incident. There should be an interval of at least 15 minutes between samples. The samples have to be taken directly into an approved instrument handled by a qualified technician whose admission will be later admissible in court.

DUI Defence Law Strategies Used in Southern Ontario Courts

For first time offenders, getting pulled over under DUI laws can be traumatising. However, you are presumed to be innocent until proved guilty and it is the duty of the Crown to establish that. Notably, a motorist stopped or detained raises several charter issues. There is s.9 (arbitrary detention), s.10 (a) (right to be informed of the reason why) and s.10 (b) (the right to counsel). In most case, since the officer may have no warrant then a defence may be obtained based on unreasonable search and seizure (s.8).

There is also s.11 (b) which is the right to be tried within a reasonable time and the entitlement to full disclosure (s 7, fundamental justice).

Contact Us Today To Understand Which Southern Ontario DUI Defence Laws Apply To Your Case

We have the knowledge and expertise to present your case at trial and ensure that you receive a proper ruling and avoid any unnecessary DUI penalties. By contacting us, you are assured to obtain the most reliable DUI lawyers in Southern Ontario, for DUI defence law with multiple success records to show in these types of cases. We fight DUI charges on a constitutional background and investigative lapses on the part of the prosecutors. Get in touch with us immediately if you’ve been charged with a DUI offence. Time is very crucial in these cases so don’t be hesitant. Give us a call for more information and a free consultation.

What To Do If You’ve Been Arrested For Drunk Driving in Burlington, ON

Whenever a person is arrested for drunk driving and charged with a drinking and driving offence for the first time, he/she may be overwhelmed by all the numerous court proceeding involved. The whole process is quite frightening and may create confusion.

Ontario and Burlington have some of the toughest DUI laws in the whole country, and the penalties can be very stiff. Even if you are in the “warn range”, you can still face penalties although not as harsh as those handed out for Over 80mg offences.

DUI or driving under the influence means operating a vehicle which may include cars, trucks, snowmobiles, boats and off the road vehicles while under the influence of drugs or alcohol. DUI is a serious offence and a crime in Burlington, Ontario and has some very severe consequences as well as the imposition of penalties.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Burlington

Burlington Legal Penalties For a Valid DUI Arrest

Penalties for drunk driving depend on the number of times a DUI arrest has been given to the accused and they keep on getting stiffer and tougher as the number of offences increases. The penalties are as follows:
First Instance:

• Mandatory education or treatment program
• License suspension for one year
• Monetary fine
• One year minimum requirement to drive a car with ignition interlock device
  Second instance:
• Mandatory education or treatment program
• License suspension for three years
• Fine amount at the judge’s discretion
• 30-day minimum jail sentence
• 3-year minimum requirement to drive a car with an ignition interlock device
  Third instance:
• Mandatory education or treatment program
• Permanent license suspension
• Fine amount at the judge’s discretion
• 120-days minimum jail sentence
• Variable interlock periods depending upon sequence of previous convictions

Although your chances may seem bleak the first time you face a DUI arrest in Burlington, Ontario you must always remember that unless and until you are proven guilty you are presumed to be innocent.

Contact Us Immediately If You’ve Been Caught Drunk Driving and Arrested for DUI

The main bases on which a person is arrested for DUI is mainly due to a blood alcohol concentration of 0.08. If you were caught drunk driving and arrested for DUI for a level of blood alcohol concentration that is above 0.08 then you will require the toughest defence since this is considered a criminal offence. You will also be subjected to stringent penalties. However, if you were tested close to the limit but not over, then you will face some lesser penalties for being in the “warn range”.

I Got a DUI in Burlington, What Are My Options

Drivers who are caught drunk driving are usually charged with two offences: impaired driving and driving over 80. If convicted the punishment remains the same in both the cases. Penalties being substantial include; loss of driver’s license, a fine, a possible jail time and a criminal record.

Being charged with a criminal offence is a serious issue and may put your future at risk. Getting convicted with a criminal offence is the last thing you want and that’s the reason why it is advisable to hire a reliable and experienced lawyer. If you find yourself asking the question “I got a DUI what’s next?” then hiring the services of a Burlington DUI lawyer is the answer. Our team of educted DUI attorneys will assure you the following results:

• Reliable and professional opinion and advice from highly skilled lawyers who have many years of experience
• Appointment flexibility and convenient working hours
• Reasonable fees with no hidden costs

Feel free to contact our team of Burlington DUI Lawyers; we have the necessary expertise to deal with matters related to a DUI arrest and we have proven to be successful at preventing our clients from facing any unjustified convictions.

Driving under the influence of Marijuana DUI Laws in North York, Ontario

The Criminal Code considers impaired driving as a criminal offence. The penalties for impaired driving are strict in North York and accross Ontario. When it comes to driving under the influence of alcohol, the laws are clear, and the punishments involved are high. However, for driving under the influence of marijuana in North York and Ontario, things are a bit different. Although the law relating to drug impaired-driving is strict, the process is different and there is room for being safeguarded against the punishments involved.

Notably, for you to obtain protection against the penalties arising out of a drug-impaired driving charge, it is necessary that you hire a reputed North York DUI lawyer. We are a renowned DUI law firm in North York, Ontario and we are highly experienced at defending clients against drug impaired driving charges.

In the case of impaired driving under the influence of alcohol, the police can ask you to undergo a breathalyzer test to determine your DUI blood alcohol level. However, for marijuana DUI the process is a little different. The police may look for signs that would help them determine that the driver is under the influence of marijuana and soon the police will have a newely approved testing device specifically for detecting marijuana.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in North York

Common Signals That Justify a Marijuana DUI in North York, Ontario

The signs that may determine the influence of marijuana when a driver is flagged down include; driving too slow, driving erratically, slurred speech, bloodshot eyes, glassy eyes, impaired cognitive function, impaired motor skills and the smell of marijuana in the vehicle.

The Criminal Code empowers the police officials to investigate possible marijuana DUI offences. The police can seek permission to demand a suspected driver for completing a Standardized Field Sobriety Test. It includes a physical conditioning test, which allows the officer to look for signs of impairment.

Driving under the Influence of Cannabis and The Drug Driving Limit of Cannabis in North York

Getting charged with a DUI offence in North York or Ontario can be a crushing experience. Apart from receiving harsh punishments that may transpire into heavy fines and possible jail time, you may end up with a criminal record. However, driving under the influence of alcohol is a little bit different from driving under the influence of cannabis. For instance, there is no drug-driving limit of cannabis. Nevertheless, the police officials can ask the driver to undergo the Standardized Field Sobriety Test, as the breathalyzer test may not prove to be accurate in the case of cannabis usage.

Defending Driving and Cannabis Charges in North York, ON

The laws in Ontario and North York governing DUI offences are some of the strictest in the entire country. There is a strict policy governing DUI offences in North York, Ontario. Driving and cannabis usage is considered a criminal offence under DUI laws with the same penalties and punishments as those in alcohol related DUI. Defending a cannabis DUI offence may take a different approach than that of an alcohol related DUI offence. Your lawyer will have to build up a defence identifying the flaws on the charge against you which could include pointing out technical mistakes made by the police officials. This is why it becomes necessary for you to hire a relentless North York DUI lawyer to guarantee that you receive efficient representation in the court of law. We will assess your case and put our best foot forward to defend you in court and protect you against any penalties relating to the impaired driving offence.

North York Laws Relating To A Drug Impaired Driving Charge

Driving under the influence of drugs is a very serious offence under the Criminal Code and carries stiff penalties ranging from fines to jail terms and cancellation of licences. Trials for drugged driving in North York, ON are contested on highly technical grounds and are based primarily on evidence collected from the site where the accused has been pulled over and on the accounts of the eyewitnesses.

Our firm employs a team of experienced and highly qualified attorneys who are experienced in defending cases related to driving under the influence of drugs. Since our cases are argued based mainly on the evidence collected from the site, it is advisable that we be contacted immediately after being charged with drug impaired driving.

Section 253 (1) is the main section under the Criminal Code that deals with driving under the influence including drugged driving. It states that every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not in two specific instances.

Section 253 (1) (a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; and Section 253 (1) (b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in North York

Drugged Driving and the Provision of Samples In North York, Ontario

When a police officer has reasonable suspicion that a person has consumed alcohol or drugs and that he/she has been operating a vehicle for the last three hours, a demand can be made on the person to perform Field Sobriety Tests. These are actually physical coordination tests aimed at determining if a requirement can be made to allow the officer to perform an approved instrument test, take a blood test or a drug evaluation test. A drug evaluation test is one which determines if the accused is impaired by drugs or a combination of alcohol and drugs. If the evaluating officer has reasonable grounds to believe that a person has been driving under the influence of drugs or both alcohol and drugs, a demand can be made for blood or urine samples. Notably, for some reasons best explained under the law, certain fatigue toxins and prescription drugs are also deemed to be drugs.

New legislation enacted in October 2016 tightened fines and penalties for drug driving as well as temporary loss of driver’s licence on the spot if the offender fails to pass the field sobriety tests. Apart from the temporary loss of the licence, the driver has to pay $180 licence reinstatement fee to the province. The government has enforced these penalties with the aim of them acting as a deterrent to those high on drugs and driving.

Penalties for drug driving for repeat offenders are quite severe. After a failed sobriety test, the driver will be sent to a police station where a drug recognition expert will conduct a range of physiological tests including the measurement of blood pressure and body temperature. If the driver fails these tests, the licence will be suspended for 90 days, and the vehicle will be impounded for 7 days.

In short, drugged driving penalties range from –

• 1st offence: three-day licence suspension
• 2nd offence: seven-day licence suspension
• 3rd offence: 30-day licence suspension

If you are flagged for driving under the influence of drugs, get in touch with our experienced DUI Lawyer as soon as possible. Our team of lawyers will study the evidence collected and tests conducted and provide a strong defence on your behalf at trial.

Prescription Drugs and Driving in North York, Ontario

Laws for alcohol impairment during driving and tests conducted are based on empirical evidence. However, establishing the offence for drug impairment is more challenging. This is because the limits for each drug has to be fixed and may include prescription drugs.
Some prescription drugs can result in impaired driving since they may have the same overall result on the body as alcohol �” reducing the brain’s ability to process information and thereby affecting driving skills.

For A String Drug Impaired Driving Defence, Contact Our North York DUI Lawyer Today

For Drug impaired driving offence, contact our DUI Lawyers immediately since we have the experience to defend such cases in the courts of law in North York, Ontario. Our investigators will visit the scene of incidence to get firsthand information of the evidence collected by the prosecution. This helps in preparing a strong defence and cross-examination of witnesses. To get more information about our outstanding defence strategies, call us today.

How Mississauga Courts Establish Proof For An Over 80 Charge

Two distinct but closely related offences are described in Canadian criminal laws under Section 253. The first offence is “impaired driving” which bars a person from driving or caring or controlling a vehicle while their abilities to do so are prejudiced by the influence of drugs or alcohol. The second offence is over 80 DUI which lays down the same stipulation but relates to a situation where the blood alcohol concentration (BAC) of the person driving or in control of a vehicle is over 80mg per 100ml of blood. There are also other DUI related offences in Mississauga such as the failure to provide a breath sample offence.

If you are facing driving over 80 DUI charges, it is important to get in touch with an experienced over 80 defence lawyer immediately. We at Mississauga DUI lawyer have shown consistently favorable results in defending our clients in these cases through detailed investigations and vigorous cross-examination of prosecution witnesses. Call us now for more information and a free consultation.

An offence such as the over 80 charge is one of the most litigated of criminal charges in Mississauga, Ontario. This is because establishing proof of the offence rests heavily on the observation of the investigating officer and eye witnesses and these are also the points we usually focus on at trial. The proof of the over 80 DUI offence requires a specific procedure to be followed. Breath and blood samples have to be taken withing accordance to strict procedures by a Drug Recognition Expert and the resulting BAC will be used as evidence during the trial.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Mississauga

What Is The Over 80 Charge Criminal Code in Mississauga, Ontario?

The laws related to the driving over 80 DUI are focused on the element of operation or care and control, and this becomes an uncertainty when evaluating whether there was actually care or control when the vehicle was in motion. Thus, it often gives rise to Charter rights under s.8 and 9, 10 (b). At Mississauga DUI Lawyer we focus on this aspect while defending our clients.

An Over 80 DUI charge in Mississauga is primarily linked to 253 (1) which states that “Everyone commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not.

(a)While the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) Having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.

There are three basic clauses to an extreme DUI and 253(1)(b). The first is that the accused was operating the motor vehicle or was in care and control of the vehicle. Secondly, the officer had reasonable suspicion to believe that there was alcohol in the body of the accused and lastly, that the BAC of the accused was over 80 at the time of the arrest.

The Process For Establishing An Extreme DUI Charge in Mississauga, ON

The process of establishing BAC is clearly laid down in the over 80 charge criminal code. Each sample has to be taken as soon as possible after the offence is committed with the first sample being taken no more than 2 hours after the arrest. There should be at least an interval of 15 minutes between samples and every sample received should be taken using approved equipment.

A qualified technician should operate the approved equipment. The technician is responsible for making an analysis of each sample and the evidence will be presented in court.

Contact Us Immediately To Defend Yourself Against A Mississauga Over 80 DUI Charge

While the over 80 charge criminal code is very clear regarding the offences and punishment, our experienced Mississauga DUI attorneys carry out strong defences of such cases primarily based on inconsistencies with evidence and a cross-examination of prosecution witnesses. Our team of investigators generally visits the site of the incident to get a first-hand report of what really happened. This helps us to present a good defence for your case. Call us today, and we will be more than willing to discuss your case.

What To Do If Charged With Driving While Under the Influence in Kitchener, ON

The laws relating to driving under the influence in Kitchener are very strict and convictions result in stiff fines and penalties. These offences are among the most litigated in the courts of Kitchener, Ontario and are contested on highly technical grounds. The defence is mainly based on evidence collected from the site of the incident and the accounts of eyewitnesses.

There are various aspects that we consider when defending our clients in courts. We have a team of experienced attorneys who are well conversant with defending these cases in Kitchener and we have a high degree of professional expertise to do so. It is always important to remember that speed is of the essence when it comes to the collection of evidence thus; it is advisable to contact us as soon as possible after being charged for infringement of driving under the influence laws.

The main section related to driving while under the influence is 253 (1) which states that everyone commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not in two specific instances.

253 (1) (a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired due to alcohol or drugs; and

253 (1) (b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Kitchener

DUI Driving Under the Influence in Kitchener, Ontario

The essential factors of establishing evidence for DUI driving under the influence are primarily time and date of the incident, identity of the accused and jurisdiction of the courts. Under 253 (1) (a) an officer can act with reasonable suspicion that the accused is impaired and is driving under the influence of either drugs and/or alcohol. A case of impairment due to drugs is rather complicated and requires the professional opinion of a drug recognition expert.

Over 80 Driving Under the Influence Law in Kitchener, ON

In this case, it has to be established that the Blood Alcohol Concentration (BAC) of the accused is over 80mg for 100ml of blood. Drawing of blood samples has to follow a set pattern. The blood samples must be taken as soon as possible after the offence and should not in any case be later than 2 hours of the incident. Moreover, there should be a 15 minute interval between subsequent samples obtained. All these are clearly outlined in driving under the influence laws.

Breath samples must also collected using a calibrated approved instrument handled by a certified technician whose evidence is admissible in court. The instrument displays “fail” for over 0.1%, “caution” between 0.05% and 0.1% and a numerical value below 0.05%.

The fact that Canada is a Federal State means that the laws related to driving under the influence are enacted both by Parliament and Provincial Assemblies. Therefore the fines and punishment may vary depending on the province. However, the minimum quantum for punishments are:

• For a first offence, 12-month driving probation, and a $1000 fine.
• For a second offence, 24-month driving probation, and 30 days jail sentence.
• For a third or subsequent offence, 36-month driving probation and 120 days jail sentence.

Choose An Elite Kitchener DUI Lawyer To Fight Your Driving Under the Influence Charges

Our experienced impaired driving lawyer has successfully defended clients in drinking and driving under the influence cases in courthouses all across Kitchener, Ontario. Our investigators will often visit the scene of the incident to get firsthand information on the case. This helps us to counter prosecution evidence and cross-examine crown witnesses. We also rely on the Charter of Rights and its various sections to build our case. The different strategies that we’ve used have always been successful in the courts of Kitchener, Ontario. Give us a call to learn more about how we can defend you against driving under the influence offences.

What To Do If You’re Caught Drinking and Driving in King, ON

There have recently been many drinking and driving convictions in King courts. This has contributed to drinking while driving becoming the largest single offence in Ontario. Drinking and driving cases are more likely to be sent to trial than any other criminal offence. The reason is that at trial, these cases are often contested on highly technical grounds based mainly on police violations where Sections 8, 9 and 10 (b) of the Charter of Rights and Freedom are cited in our client defence.

As a respectable King drinking and driving Lawyer, we have many years of experience in successfully defending our clients with driving and drinking charges. We have shown and assured consistent results, largely due to our vigorous cross examination of prosecution witnesses as well as our ability to target technical insufficiencies. Contact us immediately if you have been charged for drinking while driving in King, ON. The earlier you get in contact with us the better.

This, by far, is the most common of all drinking and driving charges in King, ON. A police officer can demand a person to provide breath samples into an approved instrument if there is reasonable ground to suspect that he/she has committed an offence under Section 253 within the last three hours due to alcohol intake. The cutoff level is 80 milligrams in 100 milliliters of blood and this evidence is used against you if taken to trial.

However, when defending our clients in King, we try to establish a through cross-examination of prosecution witnesses and presentation of other evidence proving that the taking of breath samples may have violated s8 (protection against unreasonable searches and seizures) of the Charter of Rights and Freedom. Hence we argue that the evidence should be excluded under s 24(2) of the Charter.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in King

Additional Drug Evaluations When Charged with Drinking and Driving in King

When an road side evaluation indicates an over 80mg BAC, a police officer has reasonable ground to suspect that the offence committed within the previous three hours was also due to the consumption of drugs or a combination of drugs and alcohol. This is articulated under Section 253 and in this case a demand can be made on the accused to submit to an evaluation by the officer.

If the evaluating officer feels that the person is driving under the influence of alcohol or drugs, or a combination of both drugs and alcohol, an approved instrument demand will be made. There may also be a demand for blood and urine samples. It is also important to note that the statute also regards fatigue toxins as a type of drug.

When a King police officer is in doubt as to whether a person has consumed alcohol or drugs and that he/she has been in control of a vehicle in the past three hours, a demand can be made for additional physical coordination tests to check for sobriety. Based on these tests, further demands can be made by the officer such as the demand for the use of more approved instruments, a blood demand or a drug evaluation demand after which the driving and drinking charges will be validated.

Use of Approved Screening Instruments if Accused of Drinking While Driving in King

Use of approved screening instruments is crucial for testing whenever one is accused of drinking while driving in King, Ontario. These devices are calibrated in a way that displays “fail” if the BAC is above 0.1%, “caution” if between 0.05 and 0.1 percent and a numerical value if the BAC is below 0.5%. Turning down a lawful demand for a breath test by a driver is a criminal offence unless a reasonable excuse to do so is given.

Choose An Elite King DUI Lawyer to Fight Your Drinking and Driving Charges

Whenever you are faced with driving and drinking charges, the best option is to get in touch with a King drinking and driving Lawyer. We have experienced drinking and driving defence attorneys who have consistently delivered favorable verdicts to clients with different driving and drinking charges in King, ON. Our investigative team will even visit the site of the incident to get first hand reports which helps us determine any inconsistencies in the prosecution evidence or disposition by witnesses. Contact us today for more information.

Burlington Laws Which Determine Whether A Breathalyzer Installation is Necessary

Criminal laws in Burlington regarding DUI offences are very strict and carries the most severe of punishments which can range from fines, suspension of licences, jail terms and you will be required to install an alcohol breathalyzer in your car. Regardless of the quantum of the sentencing, it always has a traumatic effect on offenders and has long term repercussions.

Hence, before opting for DUI programs and a car breathalyzer, it is always advisable to contact experienced lawyers in this field. We at Burlington DUI Lawyer have the required professional expertise to get the charges dropped at trial based mainly on the evidence collected by the prosecutor and the violation of any Charter Rights.

Before settling for a breathalyzer installation, give us a call and we will be more than willing to offer you our expert guidance.

Under Criminal Law, impaired driving is when a person’s ability to operate a vehicle or having care and control of it is impaired by the use of alcohol and drugs. Moreover, impaired driving can also be based on driving under the influence when BAC (Blood Alcohol Concentration) is above the permissible limit of 80mg of alcohol in 100ml of blood.

A Breathalyzer installation may not be necessary depending on the nature of the offence.

• 1st DUI offence �” Driving a vehicle fitted with an ignition interlock device, apart from other restrictions.
• 2nd DUI offence �” An accused has to have a car breathalyzer fitted 6 months after the sentence.
• 3rd DUI offence �” The licence is permanently revoked. However, if it is ever restored, the accused has to take a lifetime enrollment in an interlock program.

Call us now to contact a DUI Lawyer in Burlington, Ontario and obtain more information on the laws requiring the installation of a DUI Breathalyzer.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Burlington

The Intentions Behind Burlington Laws Governing a Car Breathalyzer Installation

A car breathalyzer is a device that measures the quantum of alcohol in the driver’s system, and if it exceeds a pre-programmed level, the vehicle does not start. The driver is required to take the test before switching on the ignition. This is why this device is also referred to as an ignition interlock.

To take a test using the car breathalyzer, the driver is required to deliver a breath sample into the device. If the sample is good, the vehicle will start. If not, another test has to be taken after some time. The waiting time after the first test is a few minutes, however, if the driver fails in the subsequent tests, then that means that he will be locked out for increasingly longer periods. After the first test, a few minutes of waiting time is required which increases progressively for subsequent tests. This is set to ensure that the driver is not drinking between tests.

Some jurisdictions also stipulate that random tests be carried out while driving the vehicle. With such devices, there will be beeps at periodical intervals where the driver has to give a breath sample. If the sample crosses specified alcohol limits, the engine of the car will not be turned off, but the driver will be asked to pull over through repeated honking of the horn and flashing lights. This makes sure that the driver is not drinking after giving the initial breath sample.

All breath sample data is sent to the concerned authority like court/ DMV / probation that has ordered the breathalyzer installation to be reviewed regularly on the date of the service appointment.

The Breathalyzer Legal Limit in Burlington, Ontario

Most jurisdictions including Burlington, ON, are increasingly permitting alcohol breathalyzer installation in vehicles as an alternative to the revocation of licences. This has a twofold effect. First, it prevents the convicted from consuming alcohol and driving again and makes the roads much safer to drive in.

Secondly, it enables those with DUI convictions to lead a normal life and attend school, office or go through other essential tasks while being sober. Hence the principle behind breathalyzer legal limit factors is implemented whiling ensuring safety for both the public and the offender.

Contact Our Experienced Burlington DUI Lawyer If You Think You May Require A DUI Breathalyzer

The enforcement of a breathalyzer installation rises only when a conviction under DUI laws has taken place. That is why it is imperative to hire a experienced Burlington DUI Lawyer immediately after a DUI charge. We have long years of experience in this field and have consistently shown positive results in getting charges quashed at trial.
We will also guide and advise you in Burlington, Ontario on the different DUI programs, car breathalyzer centers and how to get your licence suspension revoked in the shortest possible time. Give us a call to know more on this aspect.