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Toronto lawyers dedicated to helping people charged with impaired driving

How can you get off on DUI charges because of a technicality in Canada?

Impaired driving cases in Canada are often fought in court on technical grounds. The most common reasons being that the police violated the Charter rights of the accused during the arrest process or did not maintain or administer the breathalyzer or blood testing properly. There are also many cases that result in a finding of not guilty because the police cannot prove the accused was not legally in care and control of the vehicle.

Sometimes the person was charged after the fact and were not even driving when they were arrested (in care and control). These cases will always have technical legal arguments that can be raised which may lead the judge to find them not guilty beyond a reasonable doubt. The Crown Attorney may even agree to drop the charges when the accused's lawyer informs them of the problems with their case.

The only way for a lawyer to know if you have a chance of having your case dropped or thrown out because of a technicality is to review the file and analyze the evidence for mistakes.

The disclosure is an essential part of any DUI/impaired case and is not normally provided immediately. Furthermore, the videos of the breath technician and arrest booking can sometimes take longer than expected. If the Crown is responsible for the delay the accused’s lawyer may be able to have them drop the charges because they violated the accused’s Charter right to a speedy trial.

Getting impaired driving related charges dropped will require the accused’s lawyer to carefully examine the disclosure, make inquiries with the Crown, schedule the case for a Crown Pre-Trial (CPT) or Judicial Pre-Trial (JPT), or even set the case for a trial after exhausting all prior options.

Sometimes the Crown will wait up until the trial date to drop the charges knowing that many accused will try to resolve their case by pleading guilty beforehand in exchange for a deal. When there is a technicality that may lead to them being acquitted the accused still assumes the risk of a possible conviction at trial. There is no way of knowing 100% beforehand how the court will decide their case.

Many impaired driving cases are taken to trial and successfully argued and won. Some get dropped on the day of trial. Others are dropped prior to setting a trial date. It is also up to the accused how to proceed (not their lawyer) and everyone is in a different position regarding their willingness to accept the risk of losing.

Many people choose to challenge impaired driving charges in Canadian courts because of the mandatory criminal record that must always be imposed upon them being found guilty. Sometimes the charges can be dropped because of problems with the case prior to a trial ever happening. Some accused will still choose to take a plea deal in hopes of avoiding a jail sentence.

Every DUI case is different and needs to be individually analyzed by the accused's lawyer before an informed decision can be made.


Call us today.

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving offences throughout Ontario.

Have a skilled criminal lawyer who focuses on impaired driving related charges protect you and your future from the stigma and consequences of a criminal record.


    call us: 647-228-5969

    contact@duifix.ca


  call us: 647-228-5969

  contact@duifix.ca

Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Ontario. For more information about our lawyer, click here.

We provide our clients with:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel


* Please note:

If you are not a paying client, we cannot answer questions and provide assistance with U.S. travel, immigration, employment background checks, and avoiding a criminal record. This includes those who have already retained other counsel and those whose cases have already been completed.

Are you a lawyer? If you are defending an impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.


 

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  We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • U.S. travel advice and information
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • A clear goal of getting the charges dropped without a trial