Drunk Driving Charges: Defence Lawyers
Kostman and Pyzer, Barristers, have been defending drinking and driving cases successfully for thirty years. We regularly achieve excellent results for our clients.
In defending DUI charges there are a variety of things we can do including:
- Challenge the legality of the traffic stop.
- Expose deficiencies in the breath test procedure.
- Raise an “evidence to the contrary” defence supported by the expert evidence of a toxicologist.
- Vigorously cross-examine police and civilian witnesses in an effort to attack the reliability and accuracy of the evidence collected by the police.
In Canada, there are a number of drunk driving charges under the Criminal Code. You may be charged with a drinking and driving related charge in any of the following circumstances:
- Drive Over 80 mg.:
The legal blood alcohol level in Canada is 80 milligrams of alcohol in 100 milliliters of blood. “Over 80” refers to the amount of alcohol in your bloodstream as calculated by a breath or blood test.
- Impaired Driving:
Impaired operation of a motor vehicle occurs when your ability to drive a motor vehicle is impaired, however slightly, as a result of the consumption of alcohol or drugs. Indicia of impairment that the police ordinarily rely upon as evidence of this offence may include: erratic driving, odour of an alcoholic beverage, slurred speech, bloodshot eyes, and unsteadiness or lack of coordination.
- Refuse Breath / Blood Sample:
A person can also be convicted of a drinking and driving related criminal offence for refusing or failing to provide a suitable breath sample. Once a police officer makes a request to provide a breath sample into an approved machine, you have a legal duty to provide a sample of your breath. A conviction for either failing or refusing to provide a breath sample carries the same penalties and consequences as a conviction for driving while impaired or driving “over 80 mgs.”
- Care and Control:
A person does not have to be caught in the act of driving a motor vehicle, or be sitting in the driver’s seat of a vehicle, in order to be charged with the offence of “care and control of a motor vehicle” while their ability to operate that vehicle is impaired or their blood-alcohol level is over the legal limit. It is a criminal offence to merely have “care and control” of the motor vehicle while in that state. The Criminal Code of Canada deems a person to be in “care and control” of a vehicle if they are found to be occupying the driver’s seat. A person can be convicted of “care and control” if they are sleeping in the driver’s seat of a parked car without having ever driven the motor vehicle! This presumption can be rebutted, however, if we establish that you did not intend to drive the motor vehicle when you entered the driver’s seat, and the Crown is unable to prove that you performed some act that involve the risk of putting the vehicle it in motion.
Experienced Impaired Driving Lawyers Toronto
Protect your rights and reputation by contacting the law office of Kostman and Pyzer to speak to one of our Toronto DUI lawyers immediately if you have been charged with a DUI in the province of Ontario. A fast, knowledgeable and experienced response is imperative and with our aggressive DUI/DWI defense techniques we can help you!
Call Now For a Free Case Evaluation: 416-658-1818
If you are charged with a crime in the GTA, Contact Pyzer Criminal Lawyers