Durham Region DUI Defences That Work When Your Charter Rights are Infringed

Getting convicted for a DUI charge has long term legal implications. Apart from being a traumatic experience for first-time offenders it also casts a shadow on your future life. You will have to face negativities such as the revocation of your drivers license, possible jail term, legal punishments, probation periods and a damaging effect on your job possibilities as well as immigration. This is one area of Criminal Law that has harsh punishments attached to it, both by laws passed by acts of Parliament and the Provincial Assemblies.

Given this scenario, DUI defence strategies take on multiple forms, but the first on the list is to contact a reputed and experienced defence counsel. What to say in court for DUI charges will be professionally figured out by our Durham Region DUI attorneys. We will ensure that your chances of being acquitted are as high as possible.

The primary step to take when faced with an impaired driving charge is to come up with DUI defences that work. As a reliable Durham Region DUI Lawyer, we will outline the approaches we plan to use and what to say in court for DUI cases.

The first step is to study the evidence collected against you and look for loopholes that will make it impossible for the Crown to present a watertight case at trial. This is usually done through detailed analysis of the circumstances and studying whether all of the sections under your Charter Rights were strictly adhered to when you were charged with a DUI. The sections that we mostly focus on are; s. 9 (arbitrary detention), s. 10(a) (right to be informed of the reason why) and s. 10(b) the right to counsel. There is also s. 8 that deals with matters related to unreasonable search and seizure as the concerned police officer may have persued you without a valid search warrant. Lawyers in Durham Region, Ontario will also determine whether your rights for fundamental justice, s.7 and 111(b) to be tried within a reasonable period, have been met.

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

Accepting a Plea Bargain Is Sometimes A Common DUI Defence strategy in Durham Region, ON

Another approach that is often considered to be A Common DUI Defence strategy is to convince the prosecutor to agree to a plea bargain where the Crown consents to drop DUI charges in exchange for a careless driving charge. This absolves the accused of a criminal charge, thereby protecting him/her from future complications in life. However, this can not be taken as an automatic procedure. It will only be done if the Crown thinks that there is a major flaw in the case which might not lead to a DUI conviction. Otherwise, the Crown will not offer this option which will leave you with no choice but to plead guilty or fight the case. This is the reason why you need to have a reliable Durham Region DUI lawyer on your side who will argue your case professionally to increase your chances of winning a DUI trial.

A Common DUI Defence strategy is to fight the case on technical grounds and thoroughly verifying whether any procedural lapses have occurred. Law enforcement officers often make a slip when enforcing the law. The areas that a DUI lawyer will pick on include:

• Challenging BAC results, blood test results and questioning Field Sobriety tests.
• Challenging the legality of a DUI checkpoint and showing the arrest therein as illegal.
• Showing that an officer failed to issue implied consent warning and that he/she failed to read rights to the accused.
• Disputing suspicion of being under the influence.
• Alleging racial profiling or other misconduct.

The First Step When Coming up With DUI Defence Strategies in Durham Region

The focus of any recommendable Durham Region DUI Lawyer will be to fight the case on technical grounds. This is why the presentation and the ability to know exactly what to say in court for DUI, matters a lot. The process and ways to get out of a DUI rests solely on the assumptions that the due process of law has not been followed by the law enforcing officers resulting in flaws that can be challenged in court. This is one reason why it is very necessary to contact lawyers who have a proven track record of success in such cases.

Durham Region DUI Defence Strategies – Making Them Work

Proper DUI defence strategies can only be worked out by a Durham Region DUI Lawyer with vast experience and professional expertise in this area of law. We have a team of lawyers that has shown consistent results over the years. We visit the site of the incident to get firsthand information about what actually happened and then evolve effective and winning plans to have our clients acquitted of criminal charges. Call us whenever you need a reliable DUI defence lawyer.

What To Do If You’ve Received a DUI Probation Violation in Oshawa, ON

The criminal justice system in Oshawa has a set of complex and constantly evolving rules and regulations in relation to DUI care and control cases. DUI violation is considered a criminal offence and is strictly dealt with especially Oshawa, Ontario. If you’ve been arrested for a DUI violation and you wish to seek Probation for DUI, then it is crucial for you first to understand the types of sentencing that you bound to encounter in a case of impaired driving or over 80 violations in Oshawa, Ontario.

Firstly, there is a Conditional Discharge where an offender is found guilty of a crime but is not given a registered conviction. The accused is given a set of conditions to follow when under probation which if not followed, may translate into further charges. The conditional discharge will stay on the offender’s criminal record for three years after he/she has completed the probation order. One amazing fact about this sentence is that the offender does not have to apply for a pardon for the discharge to be removed from his/her records. No criminal record is created thereafter.

The second sentence is the Absolute Discharge which is very similar to the Conditional Discharge, and the only difference is that there is no probation, no set of rules or conditions to follow for the offender. It stays on the offender’s record for one year and the offender will not have a criminal record thereafter.

The Third sentence is the Probation Order. A probation order is an order from the court which requires the offender to follow and complete a set of rules and guidelines within a specified period of time. It is a set of orders by the judge which are required to be followed by the offender and refrain him/her from certain acts. The objective of the probation order is to rehabilitate the offender and is accompanied by a fine.

In addition to the three sentences, there are other sentences that will leave you with a criminal record they include; Suspended Discharge and Imprisonment.

The courts in Oshawa, Ontario use probation to supervise people after the disposition of charges. The rules and provisions set out in the probation order must be followed to the letter since a single deviation may be considered a breach of probation. The law and justice system is extremely hard on those who commit a DUI probation violation because a breach of probation means further crime is being conducted by the accused.

If you’ve been placed on probation in Oshawa, there are some behaviors you should stay away from which could lead to you receieving a DUI probation violation charge. These may include violating anything specified in the probation order like failure to appear in court, possession of drugs or alcohol, failure to complete court appointed programs and failure to behave or maintain peace among others.

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

Criminal Charges For a DUI Probation Violation in Oshawa, Ontario

A DUI probation violation is considered a criminal offence under the criminal code and is dealt with in the strictest procedure. There are three different ways in which the Crown can proceed when dealing with a DUI probation violation. The first option will be to charge you with a summary offence, the second will be to charge you with an indictable offence while the third option is to withdraw the charges for lack of evidence.

If you’ve have been charged with a DUI on probation, you probably know that that means you have repeated a violation. A repeated act of DUI violation is a very serious offence. The courts are usually very strict in such cases especially those in Oshawa, and take a dim view of any new DUI charge if you are already on probation for a previous DUI violation. This offence will not only affect your DUI case but will also be a breach of probation in the previous case. You may have to face penalties for both cases as well as some additional severe consequences. However, you can still protect yourself by hiring the services of a reputable DUI lawyer. We at Oshawa DUI Lawyer employ some of the most experienced lawyers in the field and can help you safeguard yourself against implications arising out of such cases.

Contact Us Immediately If You Have Violated Probation With a DUI in Oshawa

If you’ve violated probation with a DUI and you are wondering if you stand any chance of ever getting out then the answer is Yes. Although the court imposes intense fines, an extended probation or an actual jail time in such cases, you can still protect yourself by hiring a professional lawyer. Oshawa DUI Lawyer will protect you and safeguard you from any consequences arising when you have committed a probation violation with a DUI. Having a dependable lawyer by your side can ensure your safety and protection in the court of justice.

Understanding The DUI Arrest Procedure in Kitchener, Ontario

DUI offences are termed and handled under strict laws in Kitchener, 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 Kitchener.

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 Kitchener 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 Kitchener who will assist you and win your case.

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

Dealing with a DUI and Aquiring the Help of a Kitchener 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 Kitchener 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 Kitchener, 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 Kitchener 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 Kitchener, 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.

An Overview of Alcohol and Driving Laws in Maple, Ontario

Laws related to alcohol and driving are very strict in Maple, leading to fines, jail terms or both. It is an offence under the Criminal law, and for offenders, it has long term repercussions on their future lives. Hence if you are arrested in Maple, Ontario for an offence of driving with blood alcohol limits above that permissible by law, the first thing that you should do is to get in touch with an experienced DUI lawyer who is familiar with the DUI process in Maple.

We at Maple DUI Lawyer have an experienced team of DUI lawyers, trained in this particular aspect of the law. We will fight the charges based on technical grounds that include violations of Charter of Rights and contradictions in evidence gathered by the prosecution and submitted at trial as well as the cross examination of witnesses. We have over the years used this line of defence which have always shown consistently favorable results.

The laws related to drinking alcohol and driving in Maple are very specific and stringent.
Section 253 (1) is related to “impaired” driving and clearly 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 the relevant subsections to this clause, Section 253 (1) (a) is about driving under the influence of drugs and/or alcohol and Section 253 (1) (b) is about blood alcohol concentration. Notably, the Blood Alcohol Concentration (BAC) of anyone in care or control of a vehicle should not exceed 80mg per 100ml of blood.

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

Maple Alcohol Drinking and Driving Legal Limit

Determining the charges for crossing the DUI legal limit that leads to arrest is primarily based on the observations of the investigating officer. The prosecution on the other hand also bases its case on such evidence as well as a cross examination of witnesses. Since the trial rests on technical grounds, these “over 80” cases are evenly contested and you always have a reliable chance of being acquitted. It is thus very crucial that you get in touch with an experienced DUI lawyer who will defend the case on your behalf.

Nevertheless, the law related to alcohol drinking and driving has to be precisely followed. It is stipulated that the first sample of blood used in the investigation to evaluate BAC should be taken not more than 2 hours after the incident and subsequent samples should be at the interval of 15 minutes. Deviating from this norm can weaken the prosecution case.

With the assistance of a reliable and well informed lawyer, you will increase your chances of beating your alcohol and driving case. Get in touch with our Maple DUI Lawyer and be confident that your case will be handled by professionals.

Since the charges for alcohol and drunk driving should be based on accurate findings of BAC, the laws related to devices for measuring breath samples are precisely defined.

The breathalyzer instrument is calibrated in a way that it will show a numerical value if the BAC is below 0.05% and “caution” if it is between 0.05 and 0.1 percent. It shows “Fail” for all instances over 0.1%. This instrument has to be handled by a qualified technician whose findings will be admissible in court as evidence.
If an offender refuses to give breath samples and go through a trial, the onus of proving the offence rests with the Crown. It has to be proved in a court of law that a proper demand was made and that the accused fully understood the request and the refusal of providing the samples was intentional.

Maple Alcohol and Drinking & Driving Penalties

Penalties for alcohol and drinking & driving in Maple, ON are quite severe and the extent of penalties and fine increase with every additional offence.

For First offence –

• 12 month driving prohibition and $1,000 fine.
• If no one is killed or hurt and the Crown proceeds by summary conviction, the maximum sentence will be 18 month jail term.

For Second offence –

• 30 days in jail and a 24 month driving prohibition.
• If no one is killed and the Crown decides on summary conviction, the sentence will be 18 months in jail.

For Third offence –

• A 10 year- lifetime licence suspension.
• A fine that will be decided based on the judge’s discretion.
• A minimum of one hundred and twenty days of jail time and the days may increase depending on the discretion of the judge.

Nevertheless, it is important to keep in mind that the quantum of sentencing varies based on bodily harm or injuries or death caused due to alcohol and drunk driving.

Experienced Defence Lawyers for Alcohol and Driving Charges in Maple, Ontario

Get in touch with our Maple DUI Lawyer if you are faced with charges or when you are arrested for alcohol and driving in Maple, ON. Our team of lawyers has the necessary skills and expertise to defend you in court based on technical grounds. Over the years, we have achieved consistent and favorable results on behalf of our clients. Call us today and get more information on our outstanding services.

Accepting A DUI Plea Bargain in Scarborough is Sometimes A Good Option

When lawyers attempt to gain an acquittal, there comes a time in certain cases when it is better to accept a plea bargain of a lesser offence rather than completely losing the case. A DUI plea deal or DUI plea bargain occurs when negotiations are initiated between your lawyer and the Crown attorney and where both sides agree to have the original charges dropped and enter a guilty plea for a lesser offence.

Your lawyer will probably attempt to plea bargain impaired driving charges to a traffic ticket. However, the Crown will not agree to a DUI plea bargain unless there are concrete reasons to believe that there is a major flaw in the case. A reputable Scarborough DUI lawyer makes the best efforts towards proving to the Crown’s attorney that their case is flawed and we always attempt to negotiate for a DUI plea deal.

Sometimes it becomes inevitable to avoid entering a DUI plea bargain, although in most cases, your lawyer will attempt to get the charges dropped and that the case gets dismissed. However, even with the best factual scenario, the trial carries with it some inherent financial and personal risks. Apart from negotiating for the best possible sentence, a DUI plea bargain can include working out a guilty plea to a lesser charge.

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

The Two Major Ways of Getting a Plea Bargain in Scarborough

There are generally two ways you can get a DUI plea bargain in Scarborough.

• Firstly, when the Crown’s attorney approaches you and your lawyer and offers you to plead guilty to a less serious charge such as reckless driving.
  Secondly, when the evidence against you is very strong and you agree to plead guilty to the original charge of DUI in exchange for a less severe sentence than you are likely to receive if the jury is to find you guilty at trial.
• A DUI plea bargain can be initiated any time during the pendency of the trial between the Crown’s attorney and your lawyer.

The decision to enter into a DUI plea bargain will depend on the Crown’s attorney and the facts of your case. There are two main reasons why the Crown’s attorney would agree to enter into a DUI plea bargain. The first reason would be that your lawyer was able to pinpoint a major flaw in the Crown’s case making it inappropriate to prosecute you. Secondly, when the Crown’s attorney agrees to bargain for a plea to a provincial careless driving instead of a criminal DUI as initiated by your lawyer allowing you to enter a DUI plea bargain.

In Scarborough, Is the Decision to Plead Guilty the Best?

It is important to note that the Crown doesn’t drop the charges right away and neither does it offer a plea bargain. Unless the case is seriously flawed, the Crown attorneys will not offer a plea bargain and you may have to plead not guilty and await trial. However, if your lawyer is able to convince the Crown’s attorneys that there are flaws in the Crown’s case, and feels that it would be in your best interest to enter a plea bargain based on the facts and circumstances of your case, then you may be asked to plead guilty for a lesser charge instead of the decision to plead guilty to DUI.

Differences Between Pleading Guilty to DUI or Pleading Not Guilty to DUI in Scarborough

Most people charged with a DUI offence always assume that they can’t win. This is however not the case since there is a high probability of winning a DUI case. Your lawyer will assess your case and help you decide on the better option between pleading guilty to DUI or pleading not guilty to DUI. With our reputable Scarborough DUI Lawyer you can have your file assessed and we will help you make the best decision. There are several reasons why you should not plead guilty in a DUI offence.

• It is less expensive to fight a DUI case than to plead guilty straight away.
• The Crown’s attorney will not tell you that there are flaws in the case.
• There is usually very less to lose when going to trial.
• Your lawyer may be able to negotiate for reduced penalties even if you decide to plead guilty.

We employ some of the most recognized lawyers in Scarborough and Ontario and we know how to fight a DUI charge. We specialize in DUI offences ensuring we uphold your safety and protection from a DUI conviction. Contact us today for a free consultation.

What To Do If You Have Received A Wrongful DUI Arrest in Bradford

Getting charged with a DUI offence can be overwhelming, and its consequences can be challenging. Being charged with a DUI offence not only puts you in a situation where you end up paying heavy fines and facing possible jail time but will also leave you with a criminal record since a DUI is a criminal offence under the Criminal Code.

However, there are times when someone is given a wrongful DUI arrest in Bradford. In such cases, it is advisable to take these charges to trial with the help of a capable and highly reputed DUI lawyer. A Bradford DUI lawyer can help you overcome a situation where you have been embroiled in a false DUI arrest.

The police have the power vested in them to arrest a person if he/she is driving under the influence of alcohol or some other intoxicating substance. However, the police do not have the right to forcefully or wrongfully arrest a person just based on a belief that the said person might be intoxicated. In the case of a false DUI arrest in Bradford, Ontario you have the right to challenge it in court with the help of a lawyer. A good Bradford DUI lawyer will be able to guide you through the ordeal and help you fight and win your case.

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

What a False DUI arrest Entails in The City of Bradford

A false DUI arrest amounts to a wrongful and intentional restriction of your freedom against your consent based on the false belief that you were under the influence of alcohol or some other prohibited substance while driving, without following the proper procedure.

Situations Where a Wrongful DUI Arrest is Undertaken by a Bradford Police Officer

If a police officer arrests someone without authority or beyond the scope of the powers vested in him or her, then he/she will be committing a false DUI arrest. The police officer can arrest a person only if a crime has been committed. If you have been arrested without committing a crime, then that’s a false arrest. If the police officer arrested you on the basis of a DUI offence but there is no evidence to support the same, then this also amounts to a false DUI arrest.

If you have been arrested for a DUI offence by the police, but there is no evidence to support the same, then this constitutes as a false DUI arrest in Bradford and Ontario. A wrongful DUI arrest, on the other hand, is when you get arrested by a police officer beyond the powers vested in the police officer and without authority. In such a case, hiring a highly reputed Bradford DUI lawyer can help you get out of these false charges with minimal hustle.

Diabetes DUI Defence in Bradford and Ontario

In the case of diabetes, the breath tests commonly used by the police officers can register acetone as alcohol and studies have shown that they can be as high as 0.6. If that is added to your BAC level, it may go way above the prescribed limit. In such a case, it is necessary that you hire a reputed Bradford DUI lawyer who will structure a proper diabetes DUI defence in your case by proving to the Bradford court that you have been wrongfully charged.
For more information, contact us today, and we will be more than willing to help you with your wrongful DUI defence.

What To Do If You’ve Been Arrested in Markham For Failing to Provide a Specimen

Most people get surprised when they come to learn that the failure to provide a sample to a police officer is a criminal offence under the Criminal Code. Refusal is considered a serious criminal offence and is punishable with severe consequences. If the police suspect that you are intoxicated while driving they will demand a breath, urine or blood sample and if you refuse this demand you will be given a failure to provide a breath sample charge.

Failing to provide a specimen carries the same penalties as a standard DUI, which include driving prohibition throughout the country, fine and a criminal record. Our firm employs some of the most recognized DUI lawyers in Markham, Ontario and we believe in upholding your safety and protection from all consequences arising out of a failure to provide charge.

A failure to provide a breath sample DUI offence is considered a serious crime in Markham, Ontario and is dealt with in the strictest manner. It becomes vital your Markham DUI lawyer to prepare your case in such a way that the charges may be dropped by the Crown. The lawyer may prepare a case based on the breath or blood samples and may try to challenge them in court. However, if you fail to provide a specimen, this will not only get you charged with Refusal but it will also weaken your defence.

If a Markham police officer reasonably suspects that you have impaired ability due to alcohol and have driven a vehicle in the past three hours, he/she may ask you to do some physical sobriety tests so that your coordination can be assessed. The physical sobriety tests may include walking heel to toe or standing on one leg among others. Failing to provide a specimen or refusal to do the physical sobriety test when demanded by the police will create grounds for you to be charged with failure to provide a breath sample or specimen.

For a physical sobriety test, the police do not have to read you the Charter Rights such as your right to contact a lawyer and they also don’t need to wait until you speak with your lawyer before requiring you to take the test.

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

The Consequences of Failing to Provide a Specimen in Markham, Ontario

Failing to provide a specimen or Refusal has the same penalties as those of a DUI offence. Such penalties include; being unable to drive throughout the entire country, a fine and a criminal record. However, the worst consequences of a refusal charge are:

• Unlike a regular DUI case a refusal case has no breath, urine or blood sample and so your lawyer won’t be able to challenge the accuracy of the readings. This would ultimately limit the lawyer’s arguments in your defence.
• With no Blood Alcohol Concentration readings, there is very little room for prosecutorial discretion. In most cases, when the reading is close to the legal limit the lawyers can try to convince the Crown to agree to a provincial careless driving charge instead of a DUI. This will benefit the accused since there will be no criminal record. However, in refusal cases, there is no BAC level and the accused is not charged with impaired driving; the charges, in this case, will be failing to provide a specimen. The crown will be reluctant to settle for any lesser offence since the alcohol concentration level is unknown.

Failure to provide a breath sample or failure to provide a specimen even without a reasonable excuse does not mean you are guilty. The Criminal Code has a set of rules and regulations that must be followed when taking a blood test or a breath sample, and if a police officer does not abide by these rules, then the demand is not lawful and the refusal case against you may be dismissed. Retaining a good DUI lawyer who deals with cases relating to impaired driving and failure to proivide offences becomes necessary. Our firm offers the most reliable DUI lawyers in Markham, Ontario who strive to guarantee your protection against all legal implications resulting from a DUI Refusal charge all the way to cases involving teen drinking and driving offences.

Points To Consider When You Fail to Provide Specimen in Markham, Ontario

If you fail to provide a specimen in Markham, Ontario you will be given a Failure to provide charge. A conviction in a refusal charge can be life altering and will make your future bumpy. However, our DUI lawyers have extensive experience defending all types of cases related to DUI offences. Call us now to get more information and receive a free consultation.

What To Do When Faced With a DUI Offence in Halton Region, ON

A DUI Conviction (Driving under the Influence) can be disastrous for your future and a traumatic experience for first time offenders. Those proved to be guilty have severe penalties and fines imposed on them. In Ontario these punishments are enacted by both the acts of Parliament and those of the Provincial Assemblies. Hence the actual penalty may be different in Halton Region, Ontario but wherever the incident may take place the consequences can be extremely ruinous.

If you are slapped with a DUI offence, your first step should be to get in touch with an experienced Halton Region DUI lawyer. Our defence attorneys have a proven track record in these cases and can help evade a conviction and the consequent harsh penalties. Our team of lawyers will fight your case on technical grounds based on evidence collected from the site and from the cross-examination of prosecution witnesses. Call us immediately if you are interested in preventing a drinking and driving conviction.

There are many aspects of a DUI criminal offence that we need to consider. Section 253 (1) states that every one commits an offence who operates a motor vehicle or vessel 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 police officer can charge you when she/he has reasonable grounds to believe that drugs or alcohol impaired your operating ability and that you are beyond the limits of sobriety. You can be put through physical coordination tests, and if you are found to be impaired, then blood and urine samples and breathalyzer tests will be taken to substantiate the DUI offence further.

Do Not Hesitate To Contact Us If You Are Facing A DUI Conviction in Halton Region

Extreme Drinking and Driving Offences in Halton Region, Ontario

This is the over 80 offence. An accused is charged with this offence when the Blood Alcohol Concentration (BAC) in the body exceeds 80mg for a 100 ml blood sample. However, for a DUI conviction, there are some procedures that need to be thoroughly followed by the authorities.

Each sample has to be taken as soon as possible after the incident with the first sample being taken not later than two hours. Thereafter, subsequent samples should be taken at 15 minutes intervals. The sample has to be directly taken in an approved instrument operated by a certified technician. The reports of the analysis made by the technician are admissible during trial. Our Halton Region DUI Lawyer goes through all these procedures and will ensure that none are overlooked.

The minimum quantum of punishments for a DUI conviction are:

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

However, it is different if bodily harm or death has been caused due to impaired driving. In such cases;

• If a prosecutor has opted for a summary conviction and no one is killed or hurt, the maximum sentence is 18 months of jail time.
• If a prosecutor has opted for indictment and no one is killed or hurt, the maximum sentence is 5 years of jail time.
• If a person has suffered bodily harm because of the DUI offence, the maximum DUI sentencing is 10 years of jail time.
• If a person is killed because of the offence, the maximum sentence is life imprisonment.

Proven Strategies to Prevent a Drinking and Driving Conviction in Halton Region, ON

For drinking and driving offences, we present a defence that is largely based on technical grounds. Our main strategies that help us win is investigating whether the police officer violated any Charter Rights and whether the breath or blood sample analysis was carried out on approved instruments and within the set time frames as laid down by the law. We also gather firsthand evidence from the site of the incident to collate with that of the prosecutor and point out discrepancies if any.

If you are dealing with drinking and driving offences get in touch with us immediately for professional advice, consultation services and defence at trial.

What To Do If You Get Caught Driving Drunk in Etobicoke

There has been a recent increase of drunk driving convictions in Etobicoke courts and this has contributed to drunk driving becoming the largest single offence in Ontario. Drinking and driving cases are more likely to be brought to trial than any other criminal offence. The reason for this 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’s defence.

As a respectable Etobicoke drunk driving lawyer, we have many years of experience in successfully defending our clients with drunk driving charges. As experienced DUI criminal defence attorneys, 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 driving while drunk in Etobicoke, ON. The earlier you get in contact with us the better.

This, by far, is the most common of all drunk driving charges in Etobicoke, 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 Etobicoke, 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 Drunk Driving Offence

Additional Drug Evaluations When Charged with Drunk Driving in Etobicoke

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 impaired by drugs or a combination of 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 Etobicoke 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 drunk driving charges will be validated.

Use of Approved Screening Instruments if Accused of Driving While Drunk in Etobicoke

Use of approved screening instruments is crucial for testing whenever one is accused of being drunk while driving in Etobicoke, 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 Etobicoke DUI Lawyer to Fight Your Drunk Driving Charges

Whenever you are faced with charges of drunk driving, the best option is to get in touch with a Etobicoke drunk driving lawyer. We have experienced drunk driving lawyers and attorneys who have consistently delivered favorable verdicts to clients with different driving drunk charges in Etobicoke, 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.

How To Legally Expunge a DUI in Guelph, ON

The Criminal Code in Guelph, Ontario is really strict when it comes to DUI offences and the penalties in such cases are often life altering. Getting arrested or having a criminal conviction record is the last thing one would wish for. Having to face the criminal justice system is more than enough to turn things around for you irrespective of whether you served a jail term or you were lucky to escape conviction.

As long as you have a criminal record, you will find that things will be a bit harder, for instance, you may never be able to find quality employment, rent an accommodation or get financed by a bank for a future purchase of property. Guelph DUI Lawyer understands the importance of clearing a criminal record and we specialize in DUI expungement. It is our utmost endeavor to remove the stigma associated with a criminal record arising out of a DUI offence in Guelph, Ontario.

Most drivers convicted of, or on probation for DUI in Guelph have a firm belief that their criminal records will remain to haunt them for the rest of their lives which is not the case. There are several kinds of post-conviction reliefs that are available with which the consequences of drunk driving related criminal records can either be eliminated or reduced; this is what is referred to as a ‘DUI expungment’. With the help of an adept DUI lawyer in Guelph, you can have your case assessed so as to determine ways in which we can expunge a DUI record on your behalf.

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

Legal Factors in Guelph That Determine Our Ability to Expunge a DUI

As per the law of the land, only certain convictions can be expunged. There are a few factors that are considered such as whether you were a juvenile or an adult at the time of conviction, whether the conviction was for a felony or a misdemeanor, whether you were granted probation or not or whether a term in prison was mandated or not. A reliable DUI lawyer will be in a better position to determine the way to expunge a DUI. It is only a skilled lawyer who will be able to determine in-depth whether the conviction against you can be expunged or not.

If the petition to expunge a DUI is granted, you will be allowed to withdraw the previous plea of guilty or no contest and submit a plea of not guilty. Once the expungement is granted, the Department of Justice will be notified by the court, and you will receive full benefits of the dismissal. However, there are some cases where you cannot get a DUI expunged for instance; if you are currently serving a sentence for another crime, have a pending criminal charge or have a warrant of arrest against you then in such situations you won’t be able to get a DUI expunged.

A talented defence criminal lawyer in Guelph will be able to assess the case properly and determine if it can be expunged. We cannot expunge a DUI in every situation, but as a successful DUI lawyer we will be able to achieve post conviction relief in most of the instances.

Get Your Guelph Drunk Driving Criminal Record and DUI Records Expunged

Getting your drunk driving criminal record and DUI records expunged can have a lot of benefits in the future. However, this will only be possible if your lawyer assesses and determines your case to be fit for expungement. To get a DUI expungement may also be required not to commit any further offences and meet the other eligibility requirements which a well-informed lawyer will explain to you when assessing your case. We are a very well known DUI law firm in Guelph courts, and we can help you with getting your drunk driving criminal record and DUI records expunged after a thorough assessment of your case.

Chances of Getting DUI Expunged in Guelph, Ontario

The chances of getting a DUI expunged are many but not all cases of DUI get expunged. In some cases and instances, the post-conviction relief can be achieved with the help of a reputable DUI lawyer. An experienced DUI Lawyer who has the knowledge and skill in obtaining post-conviction relief will evaluate and determine your case and determine whether there are any chances of getting your DUI expunged.