Six elements that must be proven before you can be found guilty of impaired driving in Ontario:
- You identity
- As a driver
- Of a motor vehicle
- As a driver operating a motor vehicle in a public place while
- Your blood alcohol was over one of the prescribed limit by
- the introduction of alcohol into the body
Ten items your Ottawa defence lawyer wants to know:
- What your schedule was before the arrest.
- What you drank and how much.
- Described you observations of the officer.
- Why the officer says he or she stopped you.
- Were you asked to take roadside tests?
- The results on roadside tests.
- The results on roadside tests.
- What you said to the officer.
- The results of any breath or blood tests.
- The names and contact information for any witnesses to your arrest.
- How long it took from the time of your arrest to the time the breathalyzer was administered.
Three ways your defence lawyer can discredit the arresting officer’s testimony:
- Inconsistent statements by the officer or officers involved in the arrest.
- Failure on the part of the police officer to recollect your case.
- Failure to make important notations in the officer’s duty to book notes, for example failure to record the time of the arrest and the time of breathalyzer.
Three secrets the Crown Attorney does not want you to know:
- The Crown does not have all the witnesses available to prove the case.
- The Crown has exculpatory evidence which would prove your innocence.
- The Crown has evidentiary problems in proving your blood alcohol level.
Four things that are crucial to your defence:
- An excellent investigation of the facts.
- Skillful cross-examination.
- A thorough understanding of your Charter Rights.
- An experienced criminal defence lawyer.
Five ways to challenge the results of the alcohol tests:
- Prove the officer lacked a reasonable suspicion that you were violating the law.
- Prove that the officer lacked probable cause to arrest you or demand the roadside tests.
- Prove that the officer failed to inform you of your rights concerning a breath or blood test.
- Prove that the officer lacked probable cause before he arrested you and before he required you to take a blood or breath test.
- Prove that the officer failed to tell you that you have a right to remain silent and to consult a lawyer.
Two considerations before deciding to please guilty to impaired driving:
- How strong is the Crown’s case against you?
- What will the outcome be of an impaired conviction?
Four pretrial motions that your defence lawyer should file, and the danger to you if they are not:
- Motion to exclude evidence on the ground that you were unconstitutionally stopped.
- Motion to exclude evidence on the grounds that there was an unconstitutional search and seizure.
- Motion to exclude statements on failure to give advise you of your right to remain silent and your right to consult a lawyer.
- Motion for disclosure of all Crown evidence.
If these motions are not filed by an experienced criminal defence lawyer, your case may not be dismissed when it should have been. Plain and simple.
Seven defence tactics in pre-trial motions:
- Challenge the constitutionality of the stop.
- Challenge the constitutionality of the administration of the roadside tests.
- Challenge the constitutionality of the probable cause to arrest.
- Challenge whether the appropriate Charter warning were administered.
- Challenge how the roadside tests were given.
- Challenge the use of any blood or breath test.
- Challenge the constitutionality of any search and seizure.
Charged with impaired driving in Ottawa, Smiths Falls, Perth Ontario, Cornwall or other Ontario location? A criminal defence lawyer at Auger Hollingsworth would be pleased to review your case for you. Contact us here or by telephone at 613 233-4529.