On a desktop device? Click here for an optimized and responsive browsing experience.
Embedded Files
“Obtain an experienced and reliable Dui lawyer in Toronto to fight your case.”
WHAT TO DO IF CHARGED WITH DRIVING WHILE UNDER THE INFLUENCE IN TORONTO, ON
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.
TORONTO LAWS REGULATING DRIVING WHILE UNDER THE INFLUENCE CHARGES
The laws relating to driving under the influence in Toronto are very strict and convictions result in stiff fines and penalties. These offences are among the most litigated in the courts of Toronto, Ontario and are contested on highly technical grounds.
The defence is mainly based on evidence collected from the site of the incident and the accounts of eyewitnesses. There are various aspects that we consider when defending our clients in courts. We have a team of experienced attorneys who are well conversant with defending these cases in Toronto and we have a high degree of professional expertise to do so.
It is always important to remember that speed is of the essence when it comes to the collection of evidence thus; it is advisable to contact us as soon as possible after being charged for infringement of driving under the influence laws.
The main section related to driving while under the influence is 253 (1) which states that 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 or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not in two specific instances.
253 (1) (a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired due to alcohol or drugs; and 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.
Related DUI Lawyer Toronto Articles
The essential factors of establishing evidence for DUI driving under the influence are primarily time and date of the incident, identity of the accused and jurisdiction of the courts. Under 253 (1) (a) an officer can act with reasonable suspicion that the accused is impaired and is driving under the influence of either drugs and/or alcohol.
A case of impairment due to drugs is rather complicated and requires the professional opinion of a drug recognition expert. In this case, it has to be established that the Blood Alcohol Concentration (BAC) of the accused is over 80mg for 100ml of blood. Drawing of blood samples has to follow a set pattern.
The blood samples must be taken as soon as possible after the offence and should not in any case be later than 2 hours of the incident. Moreover, there should be a 15 minute interval between subsequent samples obtained. All these are clearly outlined in driving under the influence laws. Breath samples must also collected using a calibrated approved instrument handled by a certified technician whose evidence is admissible in court.
The instrument displays “fail” for over 0.1%, “caution” between 0.05% and 0.1% and a numerical value below 0.05%. Our experienced impaired driving lawyer has successfully defended clients in drinking and driving under the influence cases in courthouses all across Toronto, Ontario. Our investigators will often visit the scene of the incident to get firsthand information on the case. This helps us to counter prosecution evidence and cross-examine crown witnesses.
We also rely on the Charter of Rights and its various sections to build our case. The different strategies that we’ve used have always been successful in the courts of Toronto, Ontario. Give us a call to learn more about how we can defend you against driving under the influence offences. There has recently been an increase of convictions for different types of DUI charges in Toronto courts. This has contributed to DUI charges becoming the largest single offence in Ontario and drinking and driving cases are more likely to be sent to trial than any other criminal offence.
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 defence. As a respectable Toronto DUI charges defence 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 insufficiencies. Contact us immediately if you are facing charges for a DUI in Toronto, ON. The earlier you get in contact with us the better.
A TORONTO DUI LAWYER THAT SPECIALIZES IN DRINKING AND DRIVING CHARGES. WE FIGHT TO WIN EVERY CASE!
This, by far, is the most common of all the different DUI charges in Toronto, ON. A police officer can demand a person to provide breath samples into an approved instrument if there is reasonable ground to suspect that he/she has committed an offence under Section 253 within the last three hours due to alcohol intake.
Recommended Links
The cutoff level is 80 milligrams in 100 milliliters of blood and this evidence is used against you if taken to trial. However, when defending our clients in Toronto, we try to establish a through cross-examination of prosecution witnesses and we utilize the presentation of other evidence proving that the taking of breath samples may have violated s8 (protection against unreasonable searches and seizures) of the Charter of Rights and Freedom.
Hence we may argue that the evidence should be excluded under s 24(2) of the Charter. When a road side evaluation indicates an over 80mg BAC, a police officer has reasonable ground to suspect that the offence committed within the previous three hours was also due to the consumption of drugs or a combination of drugs and alcohol.
This is articulated under Section 253 and in this case a demand can be made on the accused to submit to an evaluation by the officer. If the evaluating officer feels that the person is impaired by drugs or a combination of drugs and alcohol, an approved instrument demand will be made. There may also be a demand for blood and urine samples and it is also important to note that the statute also regards fatigue toxins as a type of drug.
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.
CHOOSE AN ELITE TORONTO DUI LAWYER TO FIGHT YOUR DUI CHARGES
Whenever you are faced with different DUI charges, the best option is to get in touch with a Toronto DUI charges defence Lawyer. We have experienced attorneys who have consistently delivered favorable verdicts to clients facing different DUI charges in Toronto, ON. Our investigative team will even visit the site of the incident to get first hand reports which helps us determine any inconsistencies in the prosecution evidence or disposition by witnesses. Penalties for drunk driving depend on the number of times a DUI arrest has been given to the accused and they keep on getting stiffer and tougher as the number of offences increases. Contact us today for more information.
DUI or driving under the influence means operating a vehicle which may include cars, trucks, snowmobiles, boats and off the road vehicles while under the influence of drugs or alcohol. DUI is a serious offence and a crime in Toronto, Ontario and has some very severe consequences as well as the imposition of penalties. Whenever a person is arrested for drunk driving and charged with a drinking and driving offence for the first time, he/she may be overwhelmed by all the numerous court proceeding involved. The whole process is quite frightening and may create confusion. Ontario and Toronto have some of the toughest DUI laws in the whole country, and the penalties can be very stiff. Even if you are in the “warn range”, you can still face penalties although not as harsh as those handed out for Over 80mg offences.
CONTACT US TODAY TO UNDERSTAND WHICH TORONTO DUI DEFENCE LAWS APPLY TO YOUR CASE
We have the knowledge and expertise to present your case at trial and ensure that you receive a proper ruling and avoid any unnecessary DUI penalties. By contacting us, you are assured to obtain the most reliable DUI lawyers in Toronto, Ontario for DUI defence law with multiple success records to show in these types of cases. We fight DUI charges on a constitutional background and investigative lapses on the part of the prosecutors. Get in touch with us immediately if you’ve been charged with a DUI offence. Time is very crucial in these cases so don’t be hesitant. Give us a call for more information and a free consultation.
The essential elements for proof of offence under the laws of DUI include time and date, jurisdiction and the identity of the accused. In addition to this, there are laws under section 253(1) (a) which says that an officer can detain an accused on reasonable suspicion that there is alcohol or drugs in his/her body and that the accused was operating or in care or control of the vehicle. The officer also has to prove beyond a reasonable doubt that the accused had an impaired ability to drive at that time and that alcohol or drugs caused the impairment.
This section is similar to the previous section, where the essential elements of proof of offence for laws of DUI include time and date, jurisdiction and identity of the accused. However, section 253(1) (b) under laws for DUI is based on the situation where the Blood Alcohol Concentration (BAC) of the accused is over 80. The intricacies of the law demand that each sample of the blood is taken as soon as the offence is committed and the first sample should not be taken later than 2 hours after the incident. There should be an interval of at least 15 minutes between samples. The samples have to be taken directly into an approved instrument handled by a qualified technician whose admission will be later admissible in court.
For first time offenders, getting pulled over under DUI laws can be traumatising. However, you are presumed to be innocent until proved guilty and it is the duty of the Crown to establish that. Notably, a motorist stopped or detained raises several charter issues. There is s.9 (arbitrary detention), s.10 (a) (right to be informed of the reason why) and s.10 (b) (the right to counsel). In most case, since the officer may have no warrant then a defence may be obtained based on unreasonable search and seizure (s.8). There is also s.11 (b) which is the right to be tried within a reasonable time and the entitlement to full disclosure (s 7, fundamental justice).
DRINKING WHILE DRIVING CHARGES IN TORONTO FOR BAC LEVELS EXCEEDING 80MG
There have recently been many drinking and driving convictions in Toronto courts. This has contributed to drinking while driving becoming the largest single offence in Ontario. Drinking and driving cases are more likely to be sent to trial than any other criminal offence. 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 defence.
As a respectable Toronto drinking and driving Lawyer, we have many years of experience in successfully defending our clients with driving and drinking charges. 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 insufficiencies. Contact us immediately if you have been charged for drinking while driving in Toronto, ON. The earlier you get in contact with us the better. This, by far, is the most common of all drinking and driving charges in Toronto, ON.
A police officer can demand a person to provide breath samples into an approved instrument if there is reasonable ground to suspect that he/she has committed an offence under Section 253 within the last three hours due to alcohol intake. The cutoff level is 80 milligrams in 100 milliliters of blood and this evidence is used against you if taken to trial. However, when defending our clients in Toronto, we try to establish a through cross-examination of prosecution witnesses and presentation of other evidence proving that the taking of breath samples may have violated s8 (protection against unreasonable searches and seizures) of the Charter of Rights and Freedom. Hence we argue that the evidence should be excluded under s 24(2) of the Charter.
When an road side evaluation indicates an over 80mg BAC, a police officer has reasonable ground to suspect that the offence committed within the previous three hours was also due to the consumption of drugs or a combination of drugs and alcohol. This is articulated under Section 253 and in this case a demand can be made on the accused to submit to an evaluation by the officer. If the evaluating officer feels that the person is driving under the influence of alcohol or drugs, or a combination of both drugs and alcohol, an approved instrument demand will be made. There may also be a demand for blood and urine samples. It is also important to note that the statute also regards fatigue toxins as a type of drug.
CONTACT DETAILS
Toronto-DUI-Lawyer.ca
551 Gerrard St. E, Suite 1A
Toronto, ON M4M 1X7
Website: http://www.toronto-dui-lawyer.ca
Google Site: https://sites.google.com/site/duilawyertorontodui
New G-Site: https://sites.google.com/view/duilawyertoronto
Google Folder: https://goo.gl/Rmgzph
Twitter: https://twitter.com/TorontoDui
Facebook: https://www.facebook.com/Toronto-DUI-Lawyer-1707476152894647
Google Sites
Report abuse