Ontario Impaired Driving/Over 80 Law Firm
A conviction for any type of driving offence can carry severe penalties, including the loss of your driver's license, fines and jail time. A summary of the penalties and consequences of a conviction is available here. Many people stopped by the police may not know their rights, particularly their right against arbitrary detention under Section 9 of the Charter of Rights and Freedoms and their right against unreasonable search or seizure under Section 8 of the Charter of Rights and Freedoms. This can be especially true in drinking and driving cases.
It is important that you have an experienced Toronto DUI lawyer on your side who will fight to see that your rights are protected. For more than 25 years, I have represented clients throughout the greater Toronto area in a variety of drinking and driving offence cases. I have extensive knowledge and experience in these matters, and I am committed to doing everything legally possible to win your acquittal. My goal is always to win an acquittal for you, and I won't recommend a plea bargain unless I believe that it is the best option in your case.
I provide strong defences against a broad variety of driving charges, including:
- Impaired driving
- Over 80 charges
- Drunk driving
- Refusal/fail to provide a breath sample
- Dangerous driving
- Criminal negligence causing bodily harm while operating a motor vehicle
- Criminal negligence causing death while operating a motor vehicle
Defending Impaired Driving Cases
When building a defence for a drinking and driving charge, there are a number of issues that can be challenged. The prosecution must prove beyond a reasonable doubt that your ability to drive was impaired or that your blood alcohol concentration was over the legal limit while you were driving or while you had care or control of a motor vehicle. The evidence collected by the police must be reliable and obtained in a way that didn't violate your Charter rights.
If the police officer did not have legal cause for the initial stop, I will seek to have any evidence obtained by the police excluded from your trial. If the police officer did not have reasonable and probable grounds (probable cause) to arrest you, I will again apply to have evidence excluded from your trial. The devices used to analyze the samples of your breath must also have been working properly and must have been used properly.
- Information on minimum penalties for a drinking and driving conviction is available here.
- Information on the Conduct Review Program (Interlock Program) is available here.
- A summary of the requirements of the Conduct Review Program (Interlock Program) is available here.
Call Defence Lawyer Anthony De Marco for a Free Consultation
Contact my Toronto, Ontario, office today to discuss your charge of impaired driving or other driving offence. I offer a free 30-minute consultation. For your convenience, I accept Visa and offer payment plans. You can reach me by phone at (416) 651-2299 or toll free at 1-888-399-3164 or via e-mail.
