Looking for a California Accident Lawyer?

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Searching for an Ontario Impaired Driving Lawyer? Read This First!

OTTAWA CRIMINAL DEFENCE LAWYER – Being charged with an Ontario driving offence is serious and can cause a lot of stress. You’re probably overwhelmed by the prospect of searching for a lawyer, and more importantly, finding the best one to take on your case.

As an Ottawa lawyer with a long record of success in fighting impaired driving charges, over the years I have found some helpful strategies that smart people use to find the best impaired driving lawyers for their Ontario case.

You can read about a few of these tips in my new article: Three Questions to Ask BEFORE Hiring an Ottawa Impaired Driving Lawyer.

It’s important to remember that these three pointers are only a small component of the strategy you should be using to search for a top impaired driving defence lawyer. Your strategy should also include talking with friends and acquaintances for their recommendations. Another smart plan is to do very thorough research – both online and elsewhere – on each lawyer you are considering hiring for your case.

Have you been arrested and charged with an Ontario drinking and driving offence? The Ottawa impaired driving lawyers at Auger Hollingsworth are here to help you find the best possible legal representation for your case. Call us today at (613) 233-4529 or email us at [email protected].

Can the Crown’s Breath Test Evidence Even Be Used Against You in Ontario Court?

OTTAWA CRIMINAL DEFENCE LAWYER – When you are charged with Driving “Over 80” in Ontario – that is, driving over the legal alcohol limit – the main evidence against you will likely be the breath test you took after driving.

Your criminal defence lawyer’s top objective will be to show that the breath test evidence is not admissible in court. In other words, you and your lawyer will attempt to have the charges dismissed because the breath test was not taken properly and therefore there is no evidence against you.

Fortunately, Section 258 of the Criminal Code of Canada includes a number of conditions which the breath test must meet, in order for it to be considered admissible evidence in any impaired driving case:

  • The officer must have had reasonable grounds to suspect you had alcohol in your system, before demanding that you take a breath test.
  • Each breath sample must be taken “as soon as practicable” after the police officer stops your vehicle.
  • The first sample must be taken within a specified timeframe after your alleged driving offence took place. While there can be multiple tests, police officers must allow 15-minute intervals between breath tests.
  • The breath test apparatus must be an approved instrument operated by a qualified technician.
  • Each sample must be received directly.

If you have been charged with a driving offence in Ontario, including Impaired Driving, Over 80, or Sample Refusal, you need the help of a top criminal defence lawyer who may be able to prove that the evidence against you is not sufficient. For more information, contact the Ottawa impaired driving lawyers at Auger Hollingsworth by email at [email protected] or by phone at (613) 233-4529.

Ontario Set to Toughen Impaired Driving Consequences Starting December 1

OTTAWA CRIMINAL DEFENCE LAWYER – An arrest in Ontario for Impaired Driving, Over 80, or Sample Refusal is already a serious and stressful experience. At the end of this month, these cases are going to become even more serious.

The Ontario government issued a press release announcing a scheduled change to their vehicle impoundment policy. Effective December 1, drivers arrested in connection with an alcohol-related driving offence will be subject to a seven-day vehicle impoundment – for which the vehicle’s owner must pay the towing and storage bill.

This new impoundment policy extends to those found driving with suspended licenses, but it also effects:

  • Drivers found driving with a blood alcohol concentration of over 80 milligrams.
  • Drivers who refuse to supply a breath sample to a police officer.
  • Drivers required to have an interlock ignition device, and who are found driving without one installed.

After December 1, if you are arrested for an alcohol-related driving offence, the arresting officer will have to determine whether or not the vehicle is subject to impoundment. If he or she decides that an impoundment is necessary, you will be given a “Notice of Impoundment” and your car will be towed immediately from the site of the arrest.

In my practice, I fight on behalf of many drivers who were wrongfully arrested for Impaired Driving, Over 80, or Sample Refusal in Ontario. This seven-day impoundment period immediately following the arrest is both an inconvenience and a financial hit that will cause stress to the driver before he or she has a chance to start fighting their driving offence charges.

Have you been arrested for an alcohol-related driving offence in Ontario? You should speak with a top criminal defence lawyer as soon as possible – one who can help you understand your options and fight your charges. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

Fraud Charges in Ontario: Why You Need a Top Defence Lawyer

OTTAWA CRIMINAL DEFENCE LAWYER – A major fraud case is making headlines in southern Ontario, as a young Burlington woman faces eight counts of fraud charges for a cancer fundraising scam.

Fundraising and charity fraud is just one of the many types of fraud that I deal with as a white-collar crime lawyer in Ottawa. Fraud charges – whether it’s credit card fraud, tax fraud, mortgage fraud, or any other type – could result in a conviction under the Criminal Code of Canada and up to 14 years in prison.

If you are charged with fraud, it’s important to quickly find an experienced lawyer who understands fraud cases and can help you fight the charges against you. To help you in your search, I’ve put together a new article: How and Why Should I Hire a Lawyer to Fight Ontario Fraud Charges?

The article contains a refresher on fraud – the definition of the term, and which types of fraud you could be charged with. It also contains information on points to consider when searching for the right lawyer to help you fight your fraud charges.

Have you been charged with fraud or any other white-collar crime offence in Ontario? An experienced criminal defence lawyer can help you understand your rights, and proceed with fighting the charges against you. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

What Should I do If I am Arrested by the Police?

As an Ottawa criminal defence lawyer, I am often asked what someone should do if he or she is arrested by the police in connection with a crime.

If you are ever arrested by the police for a crime like fraud, tax evasion, assault, impaired driving or even homicide, the worst thing you can do is to talk to the police about “what happened”.  Protesting your innocence to the police will not get you anywhere and may make things much more difficult for your criminal defence lawyer.

Instead of trying to talk your way out of the criminal charges, politely but firmly indicate that you would like to speak with a criminal defence lawyer.  You really should not say more than that.  Even small comments can be used by the Crown against you in a trial.

Make the most of your telephone call with a criminal defence lawyer.  Keep in mind that you do not only get one call as they say on television.  If you do not reach your counsel of choice, in many cases you can leave a message for a return call or select another lawyer of your choice to try to call.

During the call, the lawyer will probably not want you to talk about the nitty gritty of your case.  Instead, the criminal defence lawyer will want to explain to you how to cope with the arrest process and what to expect.  The strategy for defending against the charges will be developed after the arrest process is completed and you are either released on bail or moved to the detention centre.

While your arrest is processed, you may be placed in a holding cell.  In Ottawa, most areas of the cell blocks are video taped. In some circumstances there may be audio as well.  Your behaviour during that process will be recorded.  Accordingly, you should be calm, cool and collected.

An arrest for a criminal charge is scary and undesirable.  However, with thoughtful advice from an experienced criminal defence lawyer like Richard Auger, the disruption to your life can be minimized.

Arrested for Impaired Driving in Ontario? Write Down Your Story ASAP!

OTTAWA CRIMINAL DEFENCE LAWYER – If you are arrested for Impaired Driving, Over 80, or Sample Refusal in Ontario, the police will take you off the road and to a police station.

After you’re released from the police station, your first instinct might be to tell your family or close friends the “whole story” of your ordeal. As a criminal defence lawyer who has handled many driving offence cases, I can give you some important advice: keep your recollection of the events private, and discuss it only with your lawyer.

Instead of retelling the story verbally, to a friend or family member, you would be wise to write detailed notes about the incident. It’s important to include these crucial details:

  • Which foods you ate on the day of the event (and when you ate them), as well as any alcoholic beverages you consumed.
  • Where and when you were pulled over and arrested.
  • Who was with you at the time (include their names and telephone numbers).
  • What was said between yourself and the police, at the roadside and on the way to the station.
  • Whether or not you had access to a phone at the time of the arrest.
  • The type of tests that were administered, and when (e.g. was a breathalyzer used?)

These notes give you an opportunity to organize your memories of the incident, and they also provide you and your lawyer with a valuable reference for building your defence.

Have you been arrested and charged with an Ontario driving offence? Another early step you should take is contacting an experienced criminal defence lawyer, who can help you proceed with your case. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

Avoid Ontario Impaired Driving Charges: Drink Responsibly, Get Home Safely

OTTAWA CRIMINAL DEFENCE LAWYER – MADD Canada reports that each year, 1,000 Canadians are killed by drinking and driving that takes place between Thanksgiving and New Year’s Day. These months see notoriously high levels of impaired driving across North America, and that means you need to be more careful if you’re hitting the road during this upcoming holiday season.

Here are some important facts to keep in mind:

  • If you’re involved in an accident and you were drinking beforehand, that means you share the fault – and it could ruin your chance of seeking compensation from the other driver.
  • In Ontario, you can’t have more than 80 milligrams of alcohol in 100 milliliters of blood. If you’re over the legal limit, this complicates your accident even further and could lead to criminal charges.
  • Each drink you take affects your driving abilities. For some people, drinking just two alcoholic beverages can be enough to put them over the legal limit – it depends on many factors, including your height, weight, and alcohol tolerance.

Keep safety in mind while you’re enjoying your evening and while you’re on the road. Other drivers may not be smart about alcohol, so the holiday season is a good time to be driving defensively.

Have you been charged with Impaired Driving, blowing “Over 80” on a breathalyzer test, or refusing to provide a breath sample? Your next step should be speaking with an experienced criminal defence lawyer about your legal options. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

Government Aiming to Introduce Random Breathalyzer Tests for Impaired Driving

OTTAWA CRIMINAL DEFENCE LAWYER – Impaired Driving and “Over 80” charges are a serious threat and a very big concern for Ontario drivers. But up until now, you have only had to worry about receiving these charges if you have been pulled over for driving erratically, or showing signs of drunkenness behind the wheel at a roadside screening station.

Federal Justice Minister Rob Nicholson is planning to change that with new legislation at the provincial and federal levels, which will give police officers the right to conduct breathalyzer tests at random – no erratic driving or drunken behavior necessary.

Canadian news sources are reporting that Minister Nicholson has already met with provincial lawmakers in Alberta and British Columbia. He will, however, need the support of every province before he can attempt to introduce the federal laws allowing random roadside breath tests.

Mothers Against Drunk Driving (MADD) Canada made the news earlier this month by making calls for new Canadian laws that would allow random roadside testing.

As far as criminal defence lawyers are concerned, there is one worrying aspect of these potential new laws: they may be a violation of the Charter of Rights and Freedoms , which forbids unreasonable search.

I have successfully proven, in many cases, that arrests and charges for Impaired Driving were not appropriate – and I have had many of these charges dismissed. Laws which legalize tests at random would only serve to increase the number of unreasonable driving arrests in Ontario.

Have you been charged with Impaired Driving, “Over 80,” or any other criminal driving offence in Ontario? It’s important to speak with a top criminal defence lawyer who can inform you on your rights and help you win your case. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.