Driving with a blood alcohol content of 0.08 or higher is considered a criminal offence in Ontario, and the penalties are severe. The penalties for a BAC over the legal limit include:
•90-day license suspension
•7-day vehicle impoundment
•$275 fee for license reinstatement
•Use an ignition interlock device for at least 6 months (10 years for third and subsequent occurrences within 10 years)
•Attend a mandatory treatment and education program (if second and subsequent occurrences within 10 years)
While no one encourages driving while under the influence, there are cases where drivers are improperly charged. When this happens, there are many defences a Toronto criminal lawyer can use to beat the charge.
1. Improper ASD Training
It may be possible that the officer who administered the screening device was not properly trained on how to use the device. If the officer cannot explain how the procedure should be done to a judge, it may allow for a Charter challenge with the hope excluding the samples.
2. “Last Drink”
It’s not uncommon for police to arrest drivers shortly after they’ve had their last drinks, particularly in areas where law enforcement actively monitors drinking establishments and drivers who emerge from them.
The defence may argue that the “last drink” consumed shortly before the stop is not yet in the driver’s blood, but would be once they reach the station. This type of claim makes breath tests open for challenge, as it is only illegal to drive with a BAC of 0.08 – not in your stomach.
3. Contradicting Indicia Impairment
If different police officers have contradictory descriptions of your indicia, the judge may doubt whether you were truly impaired.
Officers are expected to have accurate notes on the indicia, not contradictory ones.
4. Late ASD Demand
The approved screening device must be given as soon as possible. The case may be challenged if the officer does not have the device on hand, calls for it to be brought to the scene, and won’t allow you to leave the scene.
5. No Right to Counsel
You have a right to speak to a lawyer as soon as possible, and this may mean at the scene of the incident. If you are not connected to a lawyer, it may be a defence to a DUI charge.
6. No RPG
The judge may find that you were arrested without sufficient RPG (reasonable and probable grounds). In this case, your breath readings may be excluded from evidence. There must be sufficient indicia of impairment in order to be arrested for impaired driving.
7. Samples Not Taken Quickly Enough
Samples must be taken as soon as reasonably possible in Over 80 cases in order for them to be used in the case. A delay in taking the samples, which is common, may destroy the case against you.
8. Inaccurate Tox Report
Tox reports may not be accurate. The Crown relies on its expert toxicologist, but communication between the two parties may not be effective. An experienced lawyer should be able to use this to destroy the case.
Approaching ladies and having a meaningful conversation is quite a challenge for most men. It usually is a result of a lack of confidence or merely just being shy. The men tend to start sweating at their palms, shaking and looking for the quickest way out of that situation. When approaching the female gender, confidence plays a huge role. By building your confidence levels, and self-esteem, approaching ladies will become easy and fun at the same time. Read more
If you ask anyone how they want their home to feel, most of us would say that we want it to be warm, homely and inviting and the same works for your guest room! However the guest room is a little different, and it can sometimes be tricky to know where to start with decorating it. Although it is our home, we have to be careful with making our guest room a little too personalised, it has to make our guests feel welcome and not too unfamiliar. So how exactly do we style our guest room? Read more
The USPS has long been fraught with issues, with some people being quite unhappy with the service experienced. However, it’s not always USPS’s fault that things go awry during shipment and delivery. A new plan from the head Postmaster will hopefully make USPS profitable again, but not without changing aspects of the service people have come to expect. Read more