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Impaired Driving/Over 80 and Other Driving Offences

Ontario Impaired Driving/Over 80 Law Firm

A conviction for any type of criminal 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 guaranteed by Section 9 of the Canadian Charter of Rights and Freedoms and their right against unreasonable search or seizure guaranteed by Section 8 of the Canadian Charter of Rights and Freedoms.

It is important that you have an experienced Toronto DUI lawyer on your side who will work hard to see that your rights are protected. For more than 35 years, I have represented clients throughout the greater Toronto area in a variety of criminal 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
  • Refuse to comply with a demand to submit to an impairment evaluation
  • Dangerous driving
  • Criminal negligence causing bodily harm while operating a motor vehicle
  • Criminal negligence causing death while operating a motor vehicle

Defending DUI Cases

When building a defence for a DUI 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 by alcohol or a drug, or that your blood alcohol concentration was over the legal limit, either 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.

Not Complying with a Police Demand

A person who refuses or fails to comply with a demand to provide a breath sample or who refuses to comply with a demand to submit to an impairment evaluation will be charged with a criminal offence. If found guilty, the person will suffer the same penalty as if found guilty of a DUI offence.

If you are charged with a refusal offence, you need the help of an experienced lawyer who knows how to protect your Charter rights. I have this type of knowledge and experience. When you retain my legal services, I will investigate your case and put forward a strong defence and work hard to obtain your acquittal.

  • 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.

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*Experience is Your Best Defence*