Impaired driving charges surge over long summer holiday weekends. If you find yourself charged, make sure you know these numbers...
7 facts that must be proved before you can be found guilty of impaired driving: 1. Your identity 2. As a driver 3. Of a motor vehicle 4. As a driver operating a motor vehicle in a public place while 5. Your blood alcohol level was over one of the prescribed limit by 6. The introduction of alcohol into the body.
If all of these facts are not proved, you cannot be convicted.
10 facts your lawyer wants to know:
1. What your schedule was before the arrest. 2. What you drank and how much. 3. Describe your observations of the officer. 4. Why the officer says he or she stopped you. 5. Were you asked to take roadside tests? 6. The results on roadside tests. 7. What you said to the officer. 8. The results of any breath or blood tests. 9. The names and contact information for any witnesses to your arrest. 10. How long it took from the time of your arrest to the time the breathalyzer was administered.
All of these facts may help the lawyer determine defences available to you.
3 ways the arresting officer's testimony can be discredited:
1. Inconsistent statements by the officer or officers involved in the arrest. 2. Failure on the part of the police officer to recollect your case. 3. Failure to make important notations in the officer's duty book notes, for example failure to record the time of the arrest and the time of the breathalyzer.
If the police officer's evidence is shaky, the Crown's case against you is shaky.
3 things the Crown Attorney does not want you to know:
1. The Crown does not have all the witnesses available to prove the case. 2. The Crown has exculpatory evidence which would prove your innocence. 3. The Crown has evidentiary problems in proving your blood alcohol level.
An experienced impaired driving defence lawyer can discern these facts from the Crown disclosure.
4 things that are crucial to your defence?
1. An excellent investigation of the facts. 2. Skillful cross-examination. 3. A thorough understanding of your Charter Rights. 4. An experienced criminal defence lawyer.
5 ways to challenge the results of the alcohol tests:
1. Prove that the officer lacked a reasonable suspicion that you were violating the law. 2. Prove that the officer lacked probable cause to arrest you or demand the roadside tests. 3. Prove that the officer failed to inform you of your rights concerning a breath or blood test. 4. Prove that the officer lacked probable cause before he arrested you and before he required you to take a blood or breath test. 5. Prove that the officer failed to tell you that you have a right to remain silent and to consult a lawyer.
2 things you need to know before deciding to plead guilty to impaired driving: 1. How strong is the Crown's case against you. 2. What will the outcome be of an impaired conviction?
4 pretrial motions that should be filed, and the danger to you if they aren't. 1. Motion to exclude evidence on the ground that you were unconstitutionally stopped. 2. Motion to exclude evidence on the grounds that there was an unconstitutional search and seizure. 3. Motion to exclude statements on failure to give advise you of your right to remain silent and your right to consult a lawyer. 4. Motion for disclosure of all Crown evidence.
If these motions are not filed by an experienced criminal defence lawyer, your case may not be dismissed when it should have been. Plain and simple.
7 defence strategies in pre-trial motions:
1. Challenge the constitutionality of the stop. 2. Challenge the constitutionality of the administration of roadside tests. 3. Challenge the constitutionality of the probable cause to arrest. 4. Challenge whether the appropriate Charter warning were administered. 5. Challenge how the roadside tests were given. 6. Challenge the use of any blood or breath test. 7. Challenge the constitutionality of any search and seizure.
If you are considering facing impaired driving charges yourself or if you are chosing a defence lawyer for your case, consider these numbers...they count!
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Richard Auger defends clients in Ontario who have been charged with criminal offences. He is the co-author with Brenda Hollingsworth of "Fighting Impaired Driving Charges in Ontario", a book available free of charge at http://www.ottawalawfirm.ca , by email at info@ottawalawfirm.ca or by phoning 613.233.4529.
Disclaimer: All information on this site is provided for informational purposes only! By no means is any
information presented herein intended to substitute for the advice provided to you by any health care or other professional
or organization.
