Criminal code offences related to drinking and driving include impaired operation, over 80 mg of alcohol in 100 ml of blood and refusing to providing a breath sample pursuant to a legal demand. These all carry mandatory minimums including driving prohibitions for a year or more and fines of thousands of dollars. That means that no matter, if found guilty, you will not be able to drive for a period of time. Having mandatory remediation courses and increased insurance, not driving to work and not being there for family, the consequences are devastating. Hiring an experienced lawyer with a proven track record can bring Charter Applications to try and exclude evidence against you. For example, perhaps the police had no grounds to pull you over, perhaps your rights to counsel were not properly given to you, perhaps you were recorded in the holding cells in compromising positions with exposed private parts, perhaps the police did not follow the proper procedure of administering their testing equipment, perhaps it’s taking too long for your matter to reach trial... the defences all vary but most of the time you only need to acquit you and find you not guilty. Sometimes a good defence lawyer with a reputation for trial advocacy can convince the crown attorney prosecutor to give you a plea deal of careless driving under the Highway Traffic Act HTA. Often this allows you to keep driving and avoiding a criminal record. Although it’s better to get acquitted and found not guilty and have no consequences, most people jump on the opportunity to guarentee a result that will keep their criminal record clean and enable them to keep driving. Remember to call a lawyer before your first court date so that the lawyer can start requesting important materials from the Crown prosecutor as soon as possible. Disclosure items such as videos which can really help your case get destroyed after a certain time period; so if they are not requested soon enough, you might be losing key defences. John Piszczek offers free consultations on these types of cases and offers reasonable payment plans.
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