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WHAT YOU NEED TO KNOW REGARDING THE LAWS FOR DUI IN GREATER TORONTO, ONTARIO
The DUI laws in Greater Toronto are very clear. Section 253(1) states that everyone commits an offense who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not.There are two sides to this. The first instance is where alcohol or a drug impair the person’s ability to operate the vehicle, vessel, aircraft or railway equipment. The second instance is where one has consumed so much alcohol that its concentration in his/her blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.
Over the years, DUI offenses have constituted the bulk of criminal cases on trial in the courts in Greater Toronto or Ontario. As experienced DUI attorneys, we have consistently defended our clients on DUI charges by challenging the Crown on highly technical grounds. Our defenses are mostly inclined to police violations of Sections 8, 9 and 10(b) on the Charter of Rights and Freedom.
FURTHER GREATER TORONTO LAWS ON DUI THAT YOU NEED TO KNOW
The most heavily litigated criminal cases in Greater Toronto, ON are related to DUI laws. However, the proof for impaired driving and later conviction is largely based on the observation of eye witnesses and the investigating officer. While proof of an over 80mg offence entails taking a breath sample or blood sample to measure the level of Blood Alcohol Concentration (BAC), it can be more complex in the case of impaired driving due to the intake of drugs. In this case, an evaluation performed by a Drug Recognition Expert and drafting of reports is required to pin charges on the accused.
WHAT TO DO IF YOU’RE FACING DUI CHARGES IN NEWMARKET
There has recently been an increase of convictions for different types of DUI charges in Newmarket courts. This has contributed to DUI charges becoming the largest single offense in Ontario and drinking and driving cases are more likely to be sent to trial than any other criminal offense. The reason is that at trial, these cases are often contested on highly technical grounds based mainly on police violations where Sections 8, 9 and 10 (b) of the Charter of Rights and Freedom are cited in our client defense.As a respectable Newmarket DUI charges defense lawyer, we have many years of experience in successfully defending our clients who have been charged with a DUI. We have shown and assured consistent results, largely due to our vigorous cross examination of prosecution witnesses as well as our ability to target technical inefficiencies. Contact us immediately if you are facing charges for a DUI in Newmarket, ON. The earlier you get in contact with us the better.
WHAT TO DO IF YOU’VE RECEIVED A DUI PROBATION VIOLATION IN SCARBOROUGH
The criminal justice system in Scarborough has a set of complex and constantly evolving rules and regulations in relation to DUI care and control cases. DUI violation is considered a criminal offence and is strictly dealt with especially Scarborough, Ontario. If you’ve been arrested for a DUI violation and you wish to seek Probation for DUI, then it is crucial for you first to understand the types of sentencing that you bound to encounter in a case of impaired driving or over 80 violations in Scarborough, Ontario.
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Firstly, there is a Conditional Discharge where an offender is found guilty of a crime but is not given a registered conviction. The accused is given a set of conditions to follow when under probation which if not followed, may translate into further charges. The conditional discharge will stay on the offender’s criminal record for three years after he/she has completed the probation order. One amazing fact about this sentence is that the offender does not have to apply for a pardon for the discharge to be removed from his/her records. No criminal record is created thereafter.
The second sentence is the Absolute Discharge which is very similar to the Conditional Discharge, and the only difference is that there is no probation, no set of rules or conditions to follow for the offender. It stays on the offender’s record for one year and the offender will not have a criminal record thereafter.
The Third sentence is the Probation Order. A probation order is an order from the court which requires the offender to follow and complete a set of rules and guidelines within a specified period of time. It is a set of orders by the judge which are required to be followed by the offender and refrain him/her from certain acts. The objective of the probation order is to rehabilitate the offender and is accompanied by a fine.
In addition to the three sentences, there are other sentences that will leave you with a criminal record they include; Suspended Discharge and Imprisonment.
A TORONTO DUI LAWYER THAT SPECIALIZES IN DRINKING AND DRIVING CHARGES. WE FIGHT TO WIN EVERY CASE!
DEALING WITH AN OUT OF PROVINCE DUI IN KITCHENER, ONTARIO
If you have been charged with a DUI offense it is inevitable that you will face a court ruling. The law is quite strict when it comes to DUI offenses in Kitchener, Ontario. Nevertheless, if you are from another province, it does not mean that you are in a position to evade any legal proceedings in Kitchener or Ontario.
The prevailing laws related to DUI cases in Kitchener and Ontario will not only be applicable to residents of Kitchener or ON but will also bind residents of other provinces. This is the reason why you need to hire a competent DUI lawyer for proper representation in the court of law. As a leading DUI law firm in Kitchener, we employ experienced lawyers who are well conversant with such cases.
IMPLICATIONS IF YOU GET A DUI OUT OF PROVINCE IN KITCHENER, ONTARIO
Getting charged with a DUI offense is in itself an overwhelming situation, and it can get even more depressing when you are charged with a DUI in another province. An out of province DUI in Ontario or Kitchener means that you will have to face a lot of strict legal implications as the laws governing DUI offenses are the strictest in Ontario and Kitchener.
We never give up whether we are fighting an impaired driving charge, over 80m.g charge, care and control or a multiple DUI offense.
We aim to lead in each practice and area of law we work in. Coming from in-depth understanding of drunk driving laws and the DUI industry, capitalizing on extensive experience, we provide hands-on advice that speaks the language of our client’s. We never give up whether we are fighting an impaired driving charge, over 80m.g charge, care and control or a multiple DUI offense.
As per section 253 of the Criminal Code; everyone commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care and control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not; while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or by a drug or having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.
In case you have been given a care and control charge, it is necessary for you to hire a reputable DUI lawyer who will protect you against any legal consequences arising from the case. Our firm offers you a reliable DUI lawyer in Toronto who specializes in DUI offences and will strive to protect you from a conviction in an impaired care and control case.
You will be surprised by the fact that you don’t have to actually be driving a motor vehicle when your impaired by alcohol or by a drug for you to be convicted of a DUI. As long as you are able to set the vehicle in motion, whether the engine of the vehicle is running or not, is enough to be convicted of a DUI. This is because you have the ability to be in care and control of the vehicle and it will be presumed that you did so while your ability was impaired.
HOW TO LEGALLY AVOID A TORONTO CARE AND CONTROL CHARGE
Being found drunk sitting in the driver’s seat of a vehicle attracts more charges than when sitted in any other position of the vehicle. The police officials will (after investigation) conclude that you were in impaired care and control of a moving vehicle and will argue the case based on the fact that you had the capability of setting the vehicle in motion unless there is evidence to show otherwise. The burden will be upon you to rebut the same and convince the court that you had no intention or the capability to set the vehicle in motion. It is, therefore, advisable to stay out of the vehicle or hire a sober driver. By doing so you will be sure to avoid a care and control charge.
TORONTO LAWS RELATING TO A DRUG IMPAIRED DRIVING CHARGE
Driving under the influence of drugs is a very serious offence under the Criminal Code and carries stiff penalties ranging from fines to jail terms and cancellation of licences. Trials for drugged driving in Toronto, ON are contested on highly technical grounds and are based primarily on evidence collected from the site where the accused has been pulled over and on the accounts of the eyewitnesses.
Our firm employs a team of experienced and highly qualified attorneys who are experts in defending cases related to driving under the influence of drugs. Since our cases are argued based mainly on the evidence collected from the site, it is advisable that we be contacted immediately after being charged with drug impaired driving.
DRIVING UNDER THE INFLUENCE OF DRUGS IN TORONTO IS A CRIMINAL DUI CHARGE
Section 253 (1) is the main section under the Criminal Code that deals with driving under the influence including
drugged driving. It states that every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not in two specific instances.
Section 253 (1) (a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; and Section 253 (1) (b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.
CONTACT A REPUTABLE TORONTO DUI LAWYER TO FIGHT YOUR CARE AND CONTROL CHARGE
After due assessment of your case and preparing thoroughly for representation in court, our lawyer will be able to identify ways to avoid the care and control charge. A good DUI lawyer can convince the court that you had no intention or the capability to set the vehicle in motion.
DUI Lawyer Toronto
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Toronto, ON M4M 1X7
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