Introduction
There are a number of Impaired / DUI charges in the Criminal Code of Canada, such as:
- Impaired driving
- Impaired Driving – Excess BAC
- Refusing / Fail to Provide Breath Sample
This article focuses on the first of those charges, and some key tips to defending the charge if you are facing it – trade secrets from Impaired Driving Lawyers in Toronto, if you will!
If you found this article helpful, and are in search of an Impaired Driving Lawyer in Toronto, call Andrew Captan today at (647) 878 – 6355 for a free case review.
Let’s get right into it.
What is Impaired Driving?
According to s 320.14(1) of the Criminal Code of Canada, “everyone commits an offence who
(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug”
A few key take aways from the offence wording itself that you should be aware of:
- The offence applies to both alcohol and/or drugs
- “Drug” doesn’t include just illegal drugs (all drugs, including prescriptions, are included)
- Operating a “conveyance”, not just a car or vehicle”, can land you in trouble with this law
- Any degree of impairment is sufficient to lead to a charge – ie, you don’t have to be black out drunk to get in trouble
Just with this one sentence, a number of legal issues immediately arise. This is why Impaired Driving offences are technical and only experienced Impaired Driving Lawyers in Toronto are equipped enough to be able to defend them with vigour.
How is Impaired Driving Proven in Court
Now to the important stuff.
If you are facing an Impaired Driving charge, you may wonder what the Crown is going to try to do in court in order to secure a conviction against you. Generally speaking, the Crown will lead what’s known as “circumstantial evidence” to try and prove that your ability to operate a conveyance was impaired to some degree.
Circumstantial evidence is evidence that gives rise to a logical inference that a specific fact exists. In this case, the logical inference that the Crown will want a Judge to draw is that your ability to drive was impaired to some degree.
The evidence that they will present to try and get the Judge to draw that inference typically included the following:
- Observations made by witnesses of “indicia of impairment” (staggering, slurring of speech, etc)
- Video from the police station to depict “indicia of impairment”
- Expert evidence to suggest that a person was impaired
Experienced Impaired Driving Lawyers in Toronto are aware that in circumstantial evidence cases, a rule exists which suggests that a finding of guilt can occur only if the only reasonable inference in the case at hand is guilt. In other words, in Impaired Driving cases, if you can suggest that the evidence points to other reasonable / competing inferences, a finding of not guilty should be entered.
Indicia of Impairment
Experienced Impaired Driving Lawyers in Toronto will often pick up a file and note that the police make notes of as many “indicia of impairment” as they can possibly compile in order to bolster the Crown case and support the basis for their investigation. Sometimes, the observations are founded. Other times, they are contrived. A third scenario is that while the observations are founded, they may be explained / diminished in significance.
The following is a list some common “indicia of impairment” with potential ways they can be diminished with the appropriate defending:
- Red / water eyes – This can be caused by factors not related to impairment, such as fatigue or sleeplessness
- Unsteadiness on feet – This can be explained in some cases, for example, where there has been an accident and the person steps out the car afterward
- Odour of alcohol on breath – An odour of alcohol may indicate the person had consumed alcohol, but it does not speak to the issue of impairment (as a sip of alcohol may cause an odour)
- Poor driving – This can be explained by other factors, such as the person normally being an aggressive driver
Impaired Driving Lawyers in Toronto should review your disclosure and advise you on a strategy to defend your charge.
Andrew Captan – Impaired Driving Lawyer Toronto
Andrew Captan is one of the Impaired Driving Lawyers in Toronto that will take your case on and provide you a reliable, experienced and honest defence to your charges.
For a free consultation, call (647) 878 – 6355, e-mail andrew@captanlaw.com or visit his website HERE.
