Five Critical Defence Strategies for Winning Your Impaired Driving Case

OTTAWA CRIMINAL DEFENCE LAWYER – During my career as a criminal lawyer I have successfully fought many impaired driving charges all across Ontario. Along the way, I have picked up five must-have strategies to fight Impaired Driving, Over 80, or Sample Refusal charges at the trial stage.

Today, I’d like to share these important case-winning techniques with you:

  1. 1.      A thorough and critical review of the crown attorney’s evidence. If your lawyer’s review is truly comprehensive, you might be able to have your charges dropped or resolved favourably without a trial.
  2. 2.      Thorough investigation of the facts from your perspective, and from the perspective of witnesses. Any skilled lawyer will meet with you regularly, in-person, to get a complete understanding of your recollection, and to gather the most information about possible witnesses.
  3. 3.      Skillful Cross-Examination at Trial. A top criminal lawyer with litigation experience can often expose errors or inconsistencies in the testimony of Crown witnesses or police officers.
  4. 4.      Thorough understanding of your Charter rights. There are a number of ways your lawyer can show that your detention and arrest was in violation of the Charter of Human Rights.
  5. 5.      Legal counsel from an experienced criminal defence lawyer. An individual representing himself in court will likely be unable to get any value from the above strategies – most don’t know enough about impaired driving laws.

I believe in providing the best possible information to help educate you about Ontario criminal laws and I understand the stressful experience you are facing. That’s why I provided these strategies to help you gain a better understanding of what lies ahead.

If you have been charged with Impaired Driving, Sample Refusal, or Over 80 in Ontario, a top criminal defence lawyer can help you fight to have the charges dismissed. For more information, contact the Ottawa criminal defence lawyers at Auger Holingsworth by email [email protected] or by phone at (613) 233-4529.

Can Ontario Accountants and Tax-Preparers be Charged and Convicted of Tax Evasion?

OTTAWA CRIMINAL DEFENCE LAWYER – Often when an individual is charged with income tax evasion, he or she wasn’t the only one taking care of the tax records. The same goes for business – in many cases, an accountant is involved in preparing tax returns and other tax documents.

As a criminal defence lawyer, a question I sometimes hear is: can an Ontario accountant be charged or eventually convicted for involvement in a client’s tax evasion?

The recent case of R. v. Leo-Mensah served as a poignant reminder that any accountant or financial professional who knowingly assists his or her clients in committing tax evasion can be charged and prosecuted for doing so.

In that case, an Ontario accountant ended up going to court and being convicted. Between 2003 and 2005, he had prepared tax returns for 300 different clients – many of which allegedly contained false claims for charity donations.

The accountant ended up being charged with one charge of fraud and two charges of income tax evasion – the accountant had failed to report income he allegedly received from completing the fraudulent returns. He was convicted of the offences – leading to a large fine and a prison sentence.

So if you are an accountant in Ontario, and one or more of your clients are being investigated or prosecuted for tax evasion, you are not immune from tax evasion charges.

If you are an accountant or professional who is being investigated or charged in connection with income tax evasion, it’s important to speak with a top criminal defence lawyer who can help you understand your rights and advise you on how to proceed. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email [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.

45 Facts You Should Learn about Ontario Drunk Driving Cases

Six elements that must be proven before you can be found guilty of impaired driving in Ontario:

  1. You identity
  2. As a driver
  3. Of a motor vehicle
  4. As a driver operating a motor vehicle in a public place while
  5. Your blood alcohol was over one of the prescribed limit by
  6. the introduction of alcohol into the body

Ten items your Ottawa defence lawyer wants to know:

  1. What your schedule was before the arrest.
  2. What you drank and how much.
  3. Described you observations of the officer.
  4. Why the officer says he or she stopped you.
  5. Were you asked to take roadside tests?
  6. The results on roadside tests.
  7. The results on roadside tests.
  8. What you said to the officer.
  9. The results of any breath or blood tests.
  10. The names and contact information for any witnesses to your arrest.
  11. 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:

  1. Inconsistent statements by the officer or officers involved in the arrest.
  2. Failure on the part of the police officer to recollect your case.
  3. 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:

  1. The Crown does not have all the witnesses available to prove the case.
  2. The Crown has exculpatory evidence which would prove your innocence.
  3. The Crown has evidentiary problems in proving your blood alcohol level.

Four things that are crucial to your defence:

  1. An excellent investigation of the facts.
  2. Skillful cross-examination.
  3. A thorough understanding of your Charter Rights.
  4. An experienced criminal defence lawyer.

Five ways to challenge the results of the alcohol tests:

  1. Prove the officer lacked a reasonable suspicion that you were violating the law.
  2. Prove that the officer lacked probable cause to arrest you or demand the roadside tests.
  3. Prove that the officer failed to inform  you of your rights concerning a breath or blood test.
  4. Prove that the officer lacked probable cause before he arrested you and before he required you to take a blood or breath test.
  5. 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:

  1. How strong is the Crown’s case against you?
  2. 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:

  1. Motion to exclude evidence on the ground that you were unconstitutionally stopped.
  2. Motion to exclude evidence on the grounds that there was an unconstitutional search and seizure.
  3. Motion to exclude statements on failure to give advise you of your right to remain silent and your right to consult a lawyer.
  4. 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:

  1. Challenge the constitutionality of the stop.
  2. Challenge the constitutionality of the administration of the roadside tests.
  3. Challenge the constitutionality of the probable cause to arrest.
  4. Challenge whether the appropriate Charter warning were administered.
  5. Challenge how the roadside tests were given.
  6. Challenge the use of any blood or breath test.
  7. 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.