#OntarioDUIImpairedDrivingcharges

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DUI First Offence - Does good character matter?

DUI First Offence - Does good character matter? - If you’re charged with a DUI but have never been in trouble with the law, does that matter in your DUI case? - Many people charged with a DUI have never been in trouble with the law.   - Most have clean criminal records and clean driving abstracts. - Most are not alcoholics. - In other words, these are people with a good character. - We see many situations where someone had a few drinks and genuinely thought they were okay to drive, but legally they were not.   - Their blood alcohol reading was over 80, and they were charged with Over 80 or Impaired Driving. - How will their good character play into the prosecution of their DUI case? - And the answer is, it depends on the facts. - When the Crown, who is the lawyer representing the Canadian government, reviews your case, they consider two tests. - First, is there enough evidence to secure a conviction? - And second, is it in the interest of justice to move ahead with your DUI case? - If the answer is no to either question, the Crown cannot pursue your DUI charge. - Assuming there is enough evidence to secure a conviction, then would your “good character” mean that it would not be in the interest of justice to pursue the charge against you?   - In other words, would the Crown look at your case and withdraw the charge because of your good character and clean record? - And the answer is, no. - Impaired Driving, Over 80 and Refusal to take a breathalyzer test are serious charges. - The Crown will not withdraw these charges even if you have a perfect, clean background. - But that does not mean that your good character won’t help you. - It will be one data point that the Crown will consider as they prosecute your Impaired Driving, Over 80 or Refusal to Take a Breathalyzer case. - The Crown will look at all the facts of your case in totality, including your good character. - The Crown will consider a number of factors, including: - your blood alcohol readings; - whether there was an accident or not; - your interactions with the police officers that arrested you; and - whether you were alone in your vehicle or whether you had passengers, including kids. - If the facts of your DUI are not aggravating, then your good character would play some factor for the Crown to consider as they prosecute your DUI case. - And those facts, as considered in totality, may result in a better outcome than it would have been if you had a background that was not clean. https://youtu.be/yubyG1HagXc Read the full article

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DUI - How much trouble are you in?

DUI - How much trouble are you in? - How much trouble are you in when you get charged with a DUI? - That’s what I am going to cover in this article. - Any DUI charge is a serious criminal charge. - However, there are levels of seriousness associated with DUI charges. - Specifically, if the crown decides that your DUI will proceed as an indictable offence and not a summary offence, that is a much more serious categorization of your DUI charge. - Let me explain what this means in plain English.

1/ Summary vs Indictable Offence

- First, some important context. - In the Criminal Code of Canada, criminal charges are defined as indictable or summary offences. - In the United States, there is a similar categorization of felonies and misdemeanours. - Indictable offences are more serious than summary offences. - The crimes and penalties associated with indictable offences are more serious than summary offences. - And the legal process you go through is also significantly different.

2/ Hybrid Offences

- Finally, there is a third category of criminal offences known as hybrid offences. - Hybrid offences give the Crown, who is the lawyer representing the Canadian government, the power to decide how they will proceed with a criminal charge. - In other words, with a Hybrid offence, the Crown decides whether to proceed with the criminal charge as an indictable or a summary offence. - That decision is called an “election,” and the Crown needs to make that election on the record in a formal court setting.

3/ DUI Hybrid Offence

- In Canada, DUI charges are Impaired Driving by Alcohol or Drug, Over 80 and Refusal to Take a Breathalyzer test. - These charges are defined in the Criminal Code of Canada as hybrid offences. - So, the Crown will decide how they want to proceed with your DUI charge. - The Crown's decision as to whether to proceed as an indictable offence or a summary offence will be dictated by the facts about what happened. - The more serious the facts, the more likely you are to be facing an indictable DUI offence. - DUIs handled as indictable offences indicate that you are in much more legal jeopardy than if the Crown handled your DUI as a summary offence.

4/ Impact on DUI Pardon in Canada

- Finally, the impact of how the Crown decides to handle your DUI will have serious consequences for your ability to get a DUI Pardon in Canada, which is now called a Record Suspension. - If you are convicted of a DUI, your conviction will be reflected in your criminal record. - Your criminal record will be stored in the CPIC database, which is the criminal records database managed by the RCMP. - That means your DUI conviction will be disclosed on a criminal record or any background check, which will be an obstacle for employment, volunteering or travel. - To remove your DUI conviction, you need to get a DUI Pardon in Canada. - There are strict rules regarding DUI Pardons in Canada and those rules are impacted by whether the Crown handled your DUI as an indictable or summary offence. - If the Crown handled your DUI as an indictable offence, your wait time before you can get a DUI Pardon in Canada is 10 years from the completion of your sentence. - If your DUI was handled as a summary offence, your wait time to get a DUI Pardon in Canada is only 5 years from the completion of your sentence. https://youtu.be/FXVhkaXdFrQ Read the full article

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DUI - How to Challenge Breathalyzer Evidence in Ontario

Wondering how to successfully fight a DUI charge in Ontario? You're not alone. One of the key elements in many DUI cases is the breathalyzer test, also known as the "Over 80" test in Ontario. In this simplified guide, we'll walk you through how to challenge DUI breathalyzer results and the reasons why your DUI case could be dropped.

What is the Over 80 DUI Charge in Ontario?

If you're facing an "Over 80" DUI charge in Ontario, it means you've been tested and found to have more than 80 milligrams of alcohol per 100 millilitres of blood. The prosecutors, commonly known as crown lawyers, will try to use these breathalyzer readings to prove you're guilty of DUI.

How to Challenge the Integrity of DUI Breathalyzer Results

Challenging the validity of your breathalyzer test is a common defence strategy used by DUI lawyers. Here's how it can be done: 1. Was the Observation Period Properly Followed? Before you blow into the breathalyzer, the technician needs to observe you for a certain period. They're making sure you aren't eating, drinking, or belching—any of which could skew the results. If they fail to properly monitor you, the breathalyzer test results could be thrown out, weakening the crown's case against you. 2. Was There a Technician Error? People aren't perfect, and that includes breathalyzer technicians. If the technician made errors while setting up, calibrating, or taking breath samples, those mistakes could invalidate your test results. If this happens, there's a good chance your DUI case could be dismissed. 3. Were Your Rights Violated? In Ontario, you have the right to consult with a lawyer upon arrest, thanks to the Charter of Rights and Freedoms. If, for instance, the police eavesdrop on your lawyer consultation, your rights are violated. This breach could lead to your case being withdrawn, even if your DUI breathalyzer results were otherwise valid. 4. Were There Legitimate Grounds for Your Arrest? According to the Charter, police must have a valid reason to believe you were driving under the influence. Simply smelling alcohol or seeing red eyes isn't enough. If the police can't prove they had a good reason to arrest you, your breathalyzer results may not be considered valid evidence.

Summary: How to Win Your DUI Case by Challenging the Breathalyzer

Challenging the DUI breathalyzer test in Ontario can be an effective way to fight an "Over 80" charge. Whether the issue lies with the observation period, technician errors, violations of your rights, or the legitimacy of your arrest, any one of these factors could weaken the crown's case against you. Remember, consult a legal expert for personalized advice on how to best handle your DUI case. https://youtu.be/Y3wonQh8taE Read the full article

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First court date for your DUI in Ontario: What to expect

Have you recently been charged with a DUI in Ontario? Perhaps, you're uncertain about what comes next, especially regarding your initial court date. This straightforward guide will make it easier for you to understand what happens at your first court appearance for a DUI in Ontario.

First Court Date for DUI: It's Not a Trial

Contrary to popular belief, your first court date after receiving a DUI in Ontario isn't your trial date. Instead, it's called your 'first appearance. At this stage, the officers who charged you aren't required to attend, and the case's details are simply presented to the court for the first time. During this first appearance, three key actions occur: - You enter a plea—either guilty or not guilty. - You receive documents referred to as 'disclosure', which contains the evidence the Crown lawyers intend to use against you. - A date for your next court appearance is scheduled. The Necessity of Showing Up: You or Your Lawyer Must Attend Your first court appearance is a compulsory event; it's not optional. You can either present yourself or have a legal representative attend on your behalf. Failing to show up can lead to severe consequences, such as the issuance of a warrant for your arrest and a new charge, 'Failure to Appear'. Consequently, you could be held in custody until your trial date. So, make sure either you or your lawyer attend the initial court date. Incomplete Evidence: The Disclosure Package Canadian law mandates that Crown lawyers provide the evidence they will use against you, known as 'disclosure. During your first appearance, you'll receive a disclosure package. However, it's crucial to note that this package might not be comprehensive. The evidence provided by the Police might be incomplete and may not include all the necessary details to win your case. Therefore, it's crucial to request the Crown to gather all the necessary evidence to prepare adequately for your defence against the DUI charge. Remember, understanding the DUI process in Ontario is crucial for navigating your first court date effectively. The more informed you are, the better you can manage your situation. https://youtu.be/dRCxcfLGwBE Read the full article

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DUI in Ontario - Breathalyzer False Positive Readings

DUI in Ontario - Breathalyzer False Positive Readings - Can a breathalyzer test result in a false-positive reading, leading to an unjust DUI charge in Ontario? - And the answer is, yes. - That’s what I am going to cover in this article. - In Ontario, a breathalyzer device is used by the Police to measure blood alcohol content, known as BAC. - If your BAC is above 0.08, then you will be charged with a DUI. - Specifically, you’ll be charged with an Over 80, and likely, a second charge of operating a vehicle while impaired by alcohol or drug. - But these breathalyzer devices are not perfect. - And there are some cases where you may get a false positive on your breathalyzer result which means your DUI charge would get withdrawn. - Let me take you through a few examples.

1/ Health Conditions

- Certain health conditions can cause a positive BAC reading even without consuming alcohol.  - Acetone, which is a naturally occurring compound in the body, can cause false positives.  - For instance, a diabetic with hypoglycemia may have a BAC of 0.06, which combined with even one drink, can put them over the limit.  - Gastrointestinal issues like acid reflux and heartburn can also cause false positives on breathalyzer tests.

2/ Diet

- Your eating habits can affect the outcome of a breathalyzer test.  - Popular low-carb diets like Atkins and Keto can increase acetone levels, leading to false positives.  - Foods like protein bars, nuts, bread, energy drinks, ripe fruits, and sugarless gum, which use fermentation as a preservative, can also cause false positive readings.

3/ Improper Device Calibration

- If a breathalyzer device is not properly maintained and calibrated, it can result in false readings. - These breathalyzer devices must be properly calibrated and adjusted for the temperature to ensure accurate readings.

4/ Improper Test Administration

- To get an accurate BAC reading, a breathalyzer test must be administered correctly.  - Prior to the start of your breath test, you need to be observed for 15 to 20 minutes. - And any instances of burping, vomiting, or acid reflux resets the clock, and the breath technician will need to wait another 15 minutes before administering a new test. - There are other examples of situations which may produce a false positive result. - The big takeaway is this. - A good DUI lawyer will get all the evidence and dig deep to see if there are any issues that would undermine the credibility of the breathalyzer test results. https://youtu.be/VWdnsa7IKY4 Read the full article

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DUI Nightmare: Can You Still Drive in Ontario?

- DUI Nightmare. Can you still drive after you've been charged with a DUI in Ontario? How about after you've been convicted of a DUI in Ontario? - That's what i'm going to cover in this article. - I'm Dan Joffe, DUI lawyer at NextLaw. On our YouTube channel, we discuss all legal issues related to DUI charges. Please give this video a thumbs up and subscribe for more content like this.  - Let's get started

DUI Charges vs. Convictions: Driving Impact

- First, let's understand your driving privileges in the context of a DUI charge vs a DUI conviction because they are very different. - When you're charged with a DUI in Ontario, there is an immediate impact on your ability to drive. - And this is true regardless of the DUI charge, which could be Impaired Driving by Alcohol or Drug, Over 80 and/or Refusal to Take a Breath Test. - First, the police will impound your vehicle for a minimum of 7 days. - And second, your driver's license will be immediately suspended by the province of Ontario for 90 days. This is known as an "administrative license suspension." - You cannot drive during this 90-day suspension. - And this is true even if you have urgent work or personal needs.

Innocence & DUI: Driving Restrictions Explained

- A common question at our law firm is how can driving restrictions be legal when the law presumes an individual innocent until proven guilty? - Section 11(d) of the Charter of Rights and Freedoms states that anyone charged with an offence has the right "to be presumed innocent until proven guilty according to the law in a fair and public hearing by an independent and impartial tribunal." - But in the case of impaired driving, the lawmakers decided that public safety considerations justify imposing this 90-day driving restriction on those charged with a DUI.  - Ultimately, they believe it represents a reasonable balance between an individual's right to a fair trial and the necessity to protect the public from impaired drivers.

License Suspensions After DUI Convictions

- Now, let's discuss the impact of a DUI conviction on your ability to drive. - Driving restrictions are defined in Canada's Criminal Code and depend on if you have prior impaired driving convictions. - For a first DUI conviction, the driving suspension is a minimum of 1 year to a maximum of 3 years. - For a second conviction, it's a minimum of 2 years to a maximum of 5 years. - And for a third conviction, the minimum suspension is five years, but there is no limit on the maximum suspension period in this case. That decision will is left to the discretion of the Judge.

Drive During Suspension: Interlock Programs

- These driving suspensions can devastate people who need to drive for work. - And it is in this context that the government put in place exceptions where you can drive during these suspension periods. - In Ontario, this program is called the "Ignition Interlock Program. - This program is only for DUI convictions related to alcohol and not impairment by drug. - The most popular interlock program is known as Stream A. - This is where you enter a guilty plea within 90 days of your arrest. - This guilty plea would need to be coordinated with the crown and will usually not be opposed by the Judge. - Ultimately the Ministry of Transportation of Ontario is the final decision maker on whether you qualify. - If you qualify, you will have a driving suspension for 90 days after your guilty plea. - And then you can drive after 90 days as long as you install an interlock device in your vehicle, which needs to be in place for 9 months. https://youtu.be/DwO1w1uFQ8s Read the full article

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DUI Crackdown: Mandatory Alcohol Screening Hits Ontario [2024]

There is a DUI Crackdown in Ontario with the OPP announcing Mandatory Alcohol Screening at every traffic stop. What’s going on here?

Breaking news: Mandatory Alcohol Screening Hits Ontario

- The OPP announced that they will conduct what is called “Mandatory Alcohol Screening” at every traffic stop in the Greater Toronto Area including surrounding regions. - This means that when the OPP stops you - for any reason, so whether its for a speeding ticket or using your phone when driving, you’ll be asked to take a alcohol screening test. - And it doesn’t matter whether the OPP believe you’ve been drinking. They’re going to make you take the test at every traffic stop. - According to the OPP, the reason why they are doing this is because of a significant increase in the number of impaired driving charges and collisions over the past five-years.   - Impaired driving charges have increased by 30% in this five-year period while collisions have increased by 50% over that five-year period. - The OPP believe by mandating mandatory screening in Ontario at every traffic stop that they’ll cut down on the number of impaired driving incidents thereby improving public safety.

Is Mandatory Alcohol Screening really “breaking” news?

- The answer is, yes and no. - What’s not news is “Mandatory Alcohol Screening in Ontario.” - Before 2018, the police could only request a demand for you to take a breath test only if they had a reasonable suspension that you’ve consumed alcohol while driving.  - In 2018, the law was changed allowing police to demand a breath sample from any driver they stopped without needing any suspicion of alcohol consumption. - This is known as “Mandatory Alcohol Screening.”   - So that’s not new or newsworthy. - So why is this story making news? - And reason has to do with the policy.  The OPP are saying that they will make it standard operating procedure to ask for an alcohol breath sample at every single traffic stop. - If the OPP follows through on this policy, you should be prepared to take a breath test whenever you're pulled over, regardless of the reason for the traffic stop. - The thought of being subjected to a breath test during every traffic stop can be unsettling, especially for those who have never had issues with impaired driving before. It's a stark reminder of how easily a simple traffic stop could escalate into a life-altering situation.

So this raises the question, can you refuse to take the breath test?

- The answer is clear and it is no. - You cannot refuse to take the breath sample if the OPP asks you to take it. - If you refuse, you’ll be charged with DUI called failure or refusal to comply with a breath demand.   - This is a serious criminal charge, don’t let this happen to you.

If the OPP asks for a breath sample, can you consult a lawyer first?

- The answer may surprise you but the answer is no. - In Canada and Ontario, you have no right to consult a lawyer before taking a breath test. - Your right to speak with a lawyer is a constitutional right that applies only when you're under arrest or detention.  And that context does not cover the scenarios I've covered in this video. Bottom line, if you’re asked to take a breath test, take it or you’ll face serious consequences. https://youtu.be/lZVGmy1A7i8 Read the full article

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DUI Arrest? Learn How to Beat DUI Now!

DUI Arrest: Key to Beating DUI Charge

Did you know that what happened during your DUI arrest could be the key to beating your DUI charge?

Charter Rights in DUI Cases: What to Know

Many people aren't aware of the laws that protect them from the actions of the government, including the police, during a DUI arrest. These rights are part of the Canadian Charter of Rights and Freedoms, which is in our constitution. The Charter can be interpreted in different ways, and it's up to judges to decide how it applies to each case. When judges make decisions on new cases, their interpretations become the law that police must follow.

Police DUI Arrest Checklist: Mistakes Matter

Good DUI lawyers will use these rights to find ways to beat your DUI charge. Think of these rights as a to-do list for the police when they arrest someone for DUI. The police must follow every step on this list, no exceptions. If an officer makes a mistake or doesn't keep up with the latest rules from judges, it could lead to your DUI being dismissed. Judges can toss out evidence if they find that your Charter rights were violated, even if the officer was too busy to stay up-to-date with those rules.

DUI Lawyers: Spotting Errors, Building Defenses

This is where skilled DUI defence lawyers have an edge. They stay on top of the latest legal changes and can spot mistakes made by officers. By finding these errors, they can build a strong defence and possibly get your DUI charges dropped.

Section 10(b) Right to Counsel: A Case Study

Let me give you a real-life example. In other words, let me explain what that rule actually means. A few years back, someone was arrested for impaired driving. The police told him about his Section 10B right to speak with a lawyer, but that's all they did. The person told the police he already had a lawyer and gave them the name and number. The police did let him speak to a duty counsel lawyer, which is the free legal advice available, but they didn't make any effort to get him in touch with his own lawyer. Later, the person challenged this in court, arguing that his Section 10(b) right was violated because he didn't get to speak to the lawyer of his choice, even though he did speak to a lawyer. Guess what? The judge agreed. The judge said that since the guy told the police he had a lawyer and the police didn't try to contact that lawyer, his Section 10(b) right to speak with a lawyer was breached, plain and simple. So, the judge tossed out the case, even though there was strong evidence that the person was actually guilty of the charge. Now, when a judge makes a decision like this, it becomes a new rule that the police have to follow. It's like adding a new task to their to-do list. For example, if someone being arrested for a DUI tells the police they have a lawyer, because of this rule, the police must make a reasonable effort to get in touch with that specific lawyer. If they don't, the DUI charges could get dismissed. This is just one example of the many interpretations made by the courts, and these interpretations become part of the police's to-do list that they must follow.

Leveraging Charter Rules to Beat DUI Charges

And that's just one interpretation of one part of the Charter. There are many other rules and examples. The point is, a skilled DUI lawyer will know all these rules, stay up-to-date on the law, read the court decisions, and use them to analyze what happened during your DUI arrest to find ways to beat the DUI. If they find that anything during your arrest violated these Charter rules, that's an opportunity for a good DUI lawyer to potentially beat your DUI charge, and that's really important. https://youtu.be/63kFxHmjP7M Read the full article

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7 Secrets to Hiring the Best DUI Lawyer in Ontario

Facing DUI charges in Ontario can be a daunting experience. The outcome of your case could significantly impact your life, making the choice of your legal representation crucial.  But how do you ensure you're hiring the best DUI lawyer for your case?  In this article, we'll reveal seven secrets that could make or break your case, helping you find a lawyer who can potentially get your charges reduced or even dismissed - even if the evidence seems stacked against you.

Secret 1: Specialization is Key

The first and most crucial factor in hiring a DUI lawyer is specialization. You need a lawyer who focuses specifically on DUI cases, not just any criminal lawyer. Why is this so important? DUI laws in Ontario are complex and constantly evolving. A specialist will have in-depth knowledge of the latest laws, procedures, and defence strategies that could make all the difference in your case.

Secret 2: Experience Matters

While specialization is crucial, it's not enough on its own. The next secret is experience. You want a lawyer who has handled many DUI cases and has a proven track record of success. To assess a lawyer's experience, ask these key questions: - How long have you been practicing DUI law in Ontario? - How many DUI cases have you handled? - What's your success rate? - Have you dealt with cases similar to mine before? An experienced lawyer will be familiar with local courts, crowns, and judges. This knowledge can be your secret weapon in negotiations or building your defence strategy.

Secret 3: Reputation Speaks Volumes

One often overlooked aspect of hiring a DUI lawyer is their reputation. But how do you assess a lawyer's reputation? Here's the secret: dig deep into their Google reviews. Look for patterns in the feedback, but be cautious - an unusually high number of glowing reviews, especially without specific details, might be fake. Here's another insider tip: you can check a lawyer's standing with the Law Society of Ontario. This will tell you if they're in good standing or have any disciplinary actions against them - crucial information that many people don't think to verify.

Secret 4: Communication is Critical

You've found a lawyer with great experience and a solid reputation - is that enough? Not quite. The next secret is all about communication. During your initial consultation, pay close attention to how they explain things. Can you understand them easily? Are they patient with your questions?  A good DUI lawyer should be able to make complex legal concepts clear and be readily available to you throughout your case. Remember, you'll be working closely with this person during a stressful time - clear, open communication is essential.

Secret 5: Understand the Fee Structure

While cost shouldn't be your only consideration, understanding the fee structure is crucial. Here's a secret many lawyers won't tell you: the cheapest option isn't always the best. A more experienced lawyer might charge higher fees but could save you money in the long run by achieving a better outcome for your case. Don't be afraid to ask detailed questions about fees, including any potential additional costs that might arise during your case. A reputable lawyer will be transparent about their fee structure.

Secret 6: Look for a Strategic Approach

Even with all these factors in place, there's one more secret that can make or break your case: the lawyer's strategic approach. A top DUI lawyer in Ontario doesn't just go through the motions - they develop a tailored strategy for your specific case. During your consultation, ask about their approach to your case. They should be able to explain potential defence strategies clearly and outline how they plan to handle your specific situation.  Here's a word of caution: be wary of lawyers who guarantee specific outcomes. Every DUI case is unique, and a reputable lawyer will be honest about the challenges and realistic outcomes you might face.

Secret 7: Trust Your Instincts

Our final secret might seem less tangible, but it's no less important: trust your instincts. You'll be working closely with this person on a sensitive and important matter. Choose a lawyer who makes you feel comfortable, listens to your concerns, and demonstrates a genuine interest in helping you. This trust and comfort level can make a significant difference in your peace of mind throughout the legal process.

Bottom Line?

Hiring the best DUI lawyer in Ontario isn't just about finding someone with a law degree. It's about finding a specialist with the right experience, reputation, communication skills, and strategic approach. By keeping these seven secrets in mind, you'll be well-equipped to find a lawyer who can provide the best possible defence for your case. Remember, the right lawyer can make a significant difference in the outcome of your DUI case. Take the time to find someone who not only meets these criteria but also makes you feel confident and comfortable during this challenging time. https://youtu.be/O660vRoQsk8 Read the full article