Introduction
Have you been charged with a DUI in Toronto? At this time, you may have little hope about defending your DUI charges. After all, the police have taken your breath samples and a machine has spat out a number that was Over 80 – correct? Or, you drove a vehicle after consuming alcohol and feel that you are cornered on your Impaired Driving charge. Although it’s to stress about the upcoming court process and what might be at stake for you, you should take a step back and think about how to go about defending your charges to the best of your ability.
The first step would be retaining a DUI Attorney in Toronto to assist with a consultation at the very least. DUI charges are highly technical areas of criminal law, and it will not be easy to defend yourself.
So, what are some of the Defence Strategies employed by a DUI Attorney in Toronto? This article will cover some of these.
Strategy 1 – Charter Violation Spotting
One of the main strategies employed by a DUI Attorney in Toronto in a DUI case, particularly if you are charged with Excess Blood Alcohol – would be to spot potential violations of your Charter rights.
There are a number of rights guaranteed to every individual in Canada under the Charter of Rights and Freedoms. Several of these are often implicated in DUI investigations, including:
- The right to be advised of the reasons for detention – s. 10(a)
- The right to counsel – s. 10(b)
- The right to be secure against unreasonable searches and seizures – s. 8
An experienced DUI Lawyer in Toronto will review your disclosure and see if the police violated any of your rights.
Strategy 2 – Determine if the Evidence Amounts to Proof Beyond a Reasonable Doubt
Just like in every criminal case, the Crown carries the legal burden of proving your DUI charges beyond a reasonable doubt. Sometimes, the evidence gathered by the police may not be enough to permit the Crown to prove the offences at trial. For example, take Impaired Driving as an example. The offence of Impaired Driving requires the Crown to prove that your ability to drive (or have care and control of a vehicle) was impaired by the consumption of alcohol or drugs at least slightly. Often, the evidence presented in these cases will be observations made by the police of the person, including the way the walked, talked, drove and otherwise carried themselves. These observations are susceptible to flawed thinking and error in general.
Strategy 3 – Determine whether there is Evidence that You Were The Driver
In a fair number of DUI cases, the police attend a scene of a collision, where there may be more than one individual present. Depending on the observations made by witnesses, sometimes it is unclear who the driver of the vehicle was. In these cases, an experienced DUI Attorney in Toronto will review whether the Crown can present sufficient evidence to prove that you were, in fact, the driver.
Strategy 4 – Reliance on Science
In other cases, a DUI Attorney in Toronto may take a more scientific approach to a defence, and retain an expert to challenge the reliability of the breath tests presented by the Crown. For example, if there were error messages on the read outs of the Intoxiliyzer device, or other issues with the way in which the tests were conducted, a Forensic Toxicologist may draw an opinion that the evidence presented by the Crown is flawed.
Andrew Captan – DUI Attorney Toronto
Andrew Captan – DUI Attorney Toronto is an experienced DUI Lawyer in Toronto and can assist you develop a defence strategy for your case. If there is no clear defence, Mr. Captan will provide you with honest feedback so you can assess how you wish to dedicate your resources.
For a free consultation, call (647) 878-6355, e-mail andrew@captanlaw.com or visit his website HERE.