DUI Lawyers Toronto

Pyzer Criminal Lawyers are a trusted Toronto criminal law firm. If you’re looking for a criminal lawyer in Toronto, speak to us first. Our experience, preparation, and determination have resulted in the acquittal of hundreds of clients, allowing them to overcome their cases without a criminal record. We leave no stone unturned to make sure you are not convicted in a court of law. Our Criminal Law Practice Areas Include: Bail, Assault, Domestic Assault, Sexual Assault, Drug Offences, Fraud, Theft, DUI, Robbery, Murder, and more. We serve the Greater Toronto Area including Brampton, Mississauga, Newmarket, Scarborough, and surrounding areas. Call us today at (416) 658-1818 for a free case evaluation by an experienced criminal law firm.

What Must the Crown Prove for an Impaired Driving Conviction?

In order for an individual to be found guilty of Impaired Driving, the Crown Prosecutor has the burden of proving that, at the time of driving, the accused's ability to operate a motor vehicle was impaired by alcohol, drugs, or a combination of both.

The level of impairment need not be substantial; even a small amount of evidence of impairment would be enough to satisfy this requirement. However, it is important to note that simply demonstrating alcohol consumption is not adequate to secure a conviction.

Impaired Driving Penalties

A conviction for impaired driving can have serious and disruptive consequences. The maximum penalty for this offence is a 10-year jail term, and there are also minimum sentences that may apply:

First conviction - a minimum fine of between $1000 and $2000 based on your blood alcohol concentration, and a mandatory one-year driving prohibition;

Second conviction - a mandatory minimum jail sentence of 30 days and a two-year driving prohibition;

Subsequent convictions – a mandatory minimum jail sentence of 120 days and a three-year driving prohibition.

Pyzer Criminal Lawyer’s legal team has a proven track record of successfully defending numerous cases involving Impaired Driving charges. Our expertise has enabled clients to avoid penalties such as fines, jail sentences, and lengthy driving prohibitions.

Types of DUI Charges in Canada

Over 80

Under the Criminal Code, it is considered a criminal offence to operate a motor vehicle with a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood, regardless of whether or not the driver is showing any signs of impairment. The Crown Prosecutor is permitted to use a Certificate of Analysis as evidence of the blood alcohol content, and the Criminal Code includes various presumptions that make it easier for the Crown to prove its case quickly.

Successfully defending Over 80 cases demands a thorough understanding of the Criminal Code provisions that enable the Crown to utilise presumptions. If the necessary conditions for employing these presumptions are not met, the Certificate of Analysis may be inadmissible. Moreover, if the accused can show that their Charter rights have been seriously violated, the Certificate of Analysis may be disqualified. Impaired Driving and Over 80 charges are often brought in tandem.

Care and Control

It is important to note that impaired driving or Over 80 charges can be laid even if you are not actually operating the motor vehicle. Simply being in care and control of the vehicle is sufficient for a conviction. This means that if you are in the driver's seat, passenger's seat, or even standing close to the vehicle, you can be found guilty even if the vehicle is not in motion.

Determining whether the Accused is in care and control of the vehicle depends on the specific circumstances of each case, taking into account the Accused's intention and the potential risk of the vehicle being unintentionally set in motion.

Effectively defending Care and Control cases demands a comprehensive understanding of the case law pertaining to this area, as well as thorough trial preparation to ensure that all pertinent information is presented clearly to the presiding Judge.

Refusal to Provide a Breath or Blood Sample

A Peace Officer is authorized to request that you provide a breath sample into an Approved Screening Device, even if they do not have any suspicion that you have consumed alcohol. During a routine safety check, drivers are not permitted to contact counsel before providing the sample. Refusing to provide a breath sample, or failing to provide a sufficient sample without a valid excuse, constitutes a criminal offence that carries the same penalties as a conviction for Impaired Driving, which can be very disruptive.

Approved Screening Devices generate a result of "Pass," "Fail," or "Warn." If a "Fail" reading is obtained, the officer may choose to either arrest the driver and request that they provide a breath sample into an approved instrument, which provides a more accurate measurement of the driver's blood alcohol content and may result in an Over 80 charge, or to issue a citation to the driver under the Highway Traffic Act. The decision is up to the discretion of the officer.

Why Pyzer Criminal Lawyer?

Distinct from other Impaired Driving lawyers in Toronto, we offer the support you require to clear your name of traffic violation charges.

At Pyzer Criminal Lawyer, we are committed to safeguarding your rights as a driver. If you are facing charges of impaired driving or other traffic violations in Canada, we will support you in comprehending your rights and available options. We will stand by your side throughout the legal process.

As trustworthy Impaired Driving lawyers, we approach each case with the utmost seriousness and take all necessary steps to safeguard your rights. Our legal team is well-equipped and prepared to assist you in achieving the most favourable outcomes for your case.

It is important to note that the exact fees will vary depending on the complexity of the case, the amount of time and resources required, and the lawyer's experience and reputation. Additionally, some lawyers may charge a flat fee while others may charge an hourly rate.

It is also important to consider the potential consequences of a criminal conviction, such as fines, jail time, and a criminal record, and weigh them against the cost of hiring a lawyer. In many cases, investing in a skilled criminal defence lawyer can lead to a better outcome and ultimately save money in the long run.

Pyzer Criminal Lawyers

1396 Eglinton Ave W #100, Toronto, ON

M6C 2E4

Canada

https://www.torontodefencelawyers.com/

contact@torontodefencelawyers.com

416-658-1818