Defending Drunk Driving Charges In Ontario

Defending Drunk Driving Charges In Ontario

Experienced Ontario criminal defence lawyer Richard Auger regularly defends clients charged with motor vehicle offences, including impaired driving, driving “over 80” and refusal to provide a breath sample.

If you are convicted of an impaired driving offence, the penalties are serious:

Minimum one-year driving prohibition;
Fine ranging from $600 to $2000;
Ignition interlock for at least one year (rental cost about $1200 annually);
Mandatory attendance at a remedial program at a cost of about $500 prior to licence reinstatement; and
A criminal record.

Some people convicted of impaired driving and other drunk driving offences serve jail sentences.

In addition, you will likely suffer a significant increase in your car insurance premiums after conviction.

If your blood alcohol was more than double the legal limit, or you had a collision, someone was injured or you have a previous conviction for a similar driving offence, the repercussions may be much more severe.

You could face a jail sentence and a life-time driving suspension.

How can Richard Auger help you win your case?

There are several defences that may apply depending on circumstances.

We know how to review the disclosure (the Crown’s evidence, primarily from the police) to determine if your Charter rights were violated during the process leading up to your arrest. We will look at:

the reason you were stopped,
if and how the road side screening test was administered,
whether and how you were given your rights to counsel,
whether the timelines prescribed by the Criminal Code were followed,
…among other things.

We will consider whether there is evidence that you were not in fact over the legal alcohol limit.

We will consider whether you were actually driving, or in care or control, of the car.

Once we have an understanding about the weaknesses in the Crown’s case, we will discuss your options with you. We can show the Crown the problem with the case and encourage a favorable resolution for you, including that the charges be withdrawn.

We are always prepared to defend you vigorously at trial.

How Can You Help Yourself and Improve the Chances Your Case Will be WON?

It is tempting to tell your family and friends the “whole story” leading to your arrest. Don’t. Keep the details to yourself and your lawyer.

Make detailed notes of what happened of the events leading up to your arrest and provide them to your lawyer. Try to make these notes as soon as possible after you are released from the police station while the events are still fresh. At the top of these notes write the title “Private and Confidential Notes for the purpose of obtaining Legal Advice”.

In your notes, record:

what you ate and when (start with breakfast and work through the day);
where you were and at what time;
what, if anything you had to drink;
the size and strength of those drinks;
how you paid for anything you consumed;
who was with you;
what route(s) you took;
how you were stopped by the police;
did you have a cell phone available;
what the police said to you;
what you said to the police;
how the road side breath test was administered;
how you got to the police station;
how the breathalyzer was administered;
what was said to you about your right to obtain legal advice;
who you contacted for legal advice; and
any other details prior to your release from the station.
Do not share the notes with anyone, but bring them with you when you meet with your lawyer.

Keep all receipts and credit card statements.

If you or a loved one need help following an impaired driving, refusal to blow, over 80 or other serious charge, call us at 613-233-4529 or email [email protected]

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