Impaired Driving Lawyers

As Toronto lawyers for impaired driving, here’s some of the ways we’re going to win your case:

• Listen to you:  We’ll listen to your side of the incident to learn the who, what, when, where and how.  We want to completely understand what happened, before, when the officer stopped you, and what happened at the police station.

• Collection of evidence & disclosure:  We’ll arrange to get the police report, witness statement(s) and the disclosure from the Crown Attorney.  Once we have the police report & disclosure we’ll meet with you to review “what they have”, keeping you updated and aware of your defence at all times.

• Review and prepare:  Once we have all the information and evidence our team of impaired driving lawyers will start preparing your defence. With a fine tooth comb,  we’ll review were your rights violated, are you actually guilty of impaired driving, are there procedural errors, just to name a few.

• Pre-trial discussions: After gathering all the evidence, we’ll schedule a meeting with the Crown Attorney to review your case, to discuss having the charge(s) dismissed, reduced charges like traffic tickets, or is the case going to go to trial.

• Trial preparations and defence: Where your impaired driving charge goes to trial, we’ll prepared your complete defence, including cross-examination of police officers, witnesses, legal arguments and precedents from Canadian Case law.

As impaired driving lawyers our goal is to win your case. In doing so we want to save your drivers licence from suspension and ensure you don’t receive a criminal record.

Call and lets’ just have a conversation about your charge and how we as lawyers can help you.

Even where the court and prosecution have done everything properly, many times there are legal motions that can dramatically affect a court case.

Successfully defending against an impaired driving charge requires thorough examination including:

Driver’s Actions:

• Focus: Establishing whether the driver actually committed the offence.
• Details: This involves scrutinizing the evidence against the driver, such as breathalyzer results, witness testimonies, and any video footage.
• Objective: To challenge the assumption of guilt and raise reasonable doubt about the driver’s impairment at the time of the incident.

Police Procedure Compliance:

• Focus: Assessing whether the police officer conducted the investigation in accordance with legal standards.
• Details: Reviewing the officer’s adherence to procedural protocols, including the legality of the traffic stop, administration of sobriety tests, and the handling of any evidence.
• Objective: To identify any procedural errors or rights violations that could render the evidence inadmissible in court.

Court System’s Handling:

• Focus: Analyzing how the court system managed the case.
• Details: This includes the timeliness and fairness of the proceedings, the proper filing and handling of legal documents, and the impartiality of the judicial process.
• Objective: To ensure the accused receives a fair trial, and to capitalize on any procedural missteps that could favor the defence.

Legal Motions, Arguments, and Case Law:

• Focus: Leveraging legal motions, formulating strong legal arguments, and citing pertinent criminal case law.
• Details: This includes filing pre-trial motions, challenging the admissibility of evidence, and utilizing relevant legal precedents to strengthen the defence.
• Objective: To create a robust legal strategy that challenges the prosecution’s case and seeks to either dismiss or reduce the charges.

It’s important to note that even if both the court and prosecution have executed their duties flawlessly, legal motions can still greatly influence the outcome of a court case.

What happens in a criminal trial for impaired driving? Here is the “usual” process that any trial will follow in court:

Arraignment Phase The trial begins with the arraignment, where the charges against the accused are read in court. The accused is then asked to plead guilty or not guilty.

Crown’s Presentation Following the arraignment, the Crown Attorney, representing the prosecution, presents its case to the court. This involves calling witnesses, such as the arresting officers, and presenting evidence to prove the accused was driving while impaired. Evidence can include breathalyzer test results, police observations of the accused’s behavior, witnesses and any admissions or statements made by the accused.

Defence Cross-Examination After the Crown presents each witness, the defence lawyer has the opportunity to cross-examine and question their evidence. This is to challenge the reliability or credibility of their testimony or to elicit evidence in favour of the accused, that may not have been forthcoming in their evidence-in-chief.

Defence’s Case Once the Crown has presented all its evidence, the defence can present its case. This may involve calling witnesses to testify on behalf of the accused, including expert witnesses to dispute the Crown’s evidence. The accused may choose to testify, but there is no obligation to do so. The decision to testify or remain silent is strategic, based on the specifics of the case and discussions with your lawyer.

Legal Arguments & Case Law The defence may present legal arguments and relevant criminal case law to support its case or a legal issue. This involves drawing on precedents and interpreting legal statutes that align with the accused’s situation. By showcasing rulings from similar past cases with criminal case law, the defence presents the interpretation of the law in favor of the accused.

Closing Arguments Both the Crown and the defence present their closing arguments, summarizing the evidence and arguing how it should be interpreted in relation to the law.

Judge’s Decision In a trial by judge alone as impaired driving charges are held, the judge will deliberate and render a verdict based on the evidence and arguments presented. The judge must decide whether the Crown has proven the accused’s guilt beyond a reasonable doubt. If there is reasonable doubt, the accused must be acquitted and found not guilty. If the judge finds the evidence sufficient for conviction, they will declare the accused guilty.

Sentencing If the accused is found guilty, a sentencing hearing will be held to determine the appropriate penalty. Many of the penalties for impaired driving are mandatory but penalties can include fines, driving prohibitions, or even imprisonment, depending on the severity of the offence and other factors like prior convictions.

Throughout the trial, strict legal procedures and rules of evidence are adhered to, ensuring a fair trial. Both the Crown and the defence have opportunities to present their case, but the burden of proof lies with the prosecution. The accused is presumed innocent until proven guilty beyond a reasonable doubt.

Impaired driving cases, like many legal proceedings, often involve a series of steps before they potentially reach a trial. One of these steps is the “pretrial,” a stage where the aspects of the case are discussed and negotiated between the crown attorney and your defence counsel.

During the pretrial, the defence and the Crown attorney (prosecutor) meet to review and discuss several key points:

1. Evidentiary Issues: This involves examining the evidence that has been gathered and determining its admissibility and reliability. Evidentiary issues might include the legality of how evidence was obtained, its relevance to the case, and whether it meets the standards required for a criminal trial.
2. Issues at Trial: The parties will discuss what the main points of contention are likely to be if the case goes to trial. This could include disagreements over facts, interpretations of the law, or the applicability of certain legal principles.
3. Grounds to Support the Charge: The Crown must have a reasonable basis to proceed with the charge. During the pretrial, the defence may challenge the sufficiency or legitimacy of the grounds upon which the charge is based.
4. Possibility of Reducing the Charge: One of the key discussions in a pretrial is whether the charge can be reduced from a criminal offence to a traffic violation. This is significant because the consequences of a traffic ticket like careless driving are generally less severe than those of a criminal conviction.
5. Exploring Compromises: Both sides may negotiate to find a compromise, such as a plea bargain. This might involve the accused pleading guilty to a lesser charge in return for a more lenient sentence or other concessions.
6. Determining if the Case Will Go to Trial: Based on the discussions and negotiations, a decision will be made on whether the case can be resolved during the pretrial stage or if it will proceed to trial.

Often, through the pretrial process, it’s possible to resolve criminal charges in a manner that avoids the harsher consequences of a criminal conviction, such as avoiding a criminal record or criminal licence suspensions.

Our team of impaired driving lawyers, boasting extensive experience from representing clients in thousands of impaired driving cases. We focuse on identifying and leveraging crucial issues in police investigations that are instrumental in winning trials.

The initial and vital step in our approach involves an in-depth and attentive analysis of the facts of your case. This process is aimed at building a robust defence strategy, focusing on several pivotal aspects:

• Examining Events Leading Up to the Arrest: Understanding the circumstances and actions preceding the arrest to identify any procedural or legal anomalies.
• Analyzing the Arrest Procedure: Scrutinizing the events that occurred during the arrest, including the conduct and decisions of law enforcement officers.
• Reviewing Police Interactions and Procedures: Evaluating the methods and processes followed by the police, ensuring they align with legal standards.
• Assessing Legal Compliance: Determining the legality of the actions taken by the police, and whether they adhered to established legal frameworks.
• Investigating Rights Violations: Identifying any potential violations of your rights during the investigation and arrest process.
• Exploring Technical Defences: Applying criminal case law & technical defences that may be pertinent to your case.

In impaired driving cases, police officers are bound by strict guidelines for evidence collection and presentation. In criminal prosecutions, the necessity for legal precision and procedural correctness is paramount.

Our strategic approach is centered on a meticulous examination of every facet of the police procedure. We diligently ensure that your rights were upheld and seeking out any legal oversights or errors that could significantly fortify your defence. This comprehensive analysis is essential in providing you with the strongest possible defense in your impaired driving case.

Experience counts in criminal defence, and who your lawyer is, their background and reputation with the court can be an influencing part of your defence. Our defence lawyers are your resource at all stages of the defence, including;

• Highlighting Legal Challenges and Opportunities: We actively identify and explain the legal intricacies and potential issues within your case, ensuring you have a clear understanding of the situation.
• Discovering and Articulating Defences: Our team thoroughly analyzes your case to uncover potential defences, legal arguments and applicable case law, detailing these strategies to you for a comprehensive understanding.
• Guiding You Through the Legal System: We’re a team, your team. We take a hands-on approach to navigate the complexities of the legal process, fiercely defending your rights at every step, while guiding you through the legal system.

Our representation covers every aspect necessary for a robust defence:

• Providing Ongoing Legal Advice: Throughout the duration of your case, we continuously offer expert legal counsel, keeping you informed and prepared at each stage.
• Securing Crucial Evidence: We take the initiative in obtaining police notes and ensuring full disclosure of the prosecution’s evidence, meticulously reviewing each detail for your defence.
• Ensuring Your Presence in Court: We represent you at all court hearings, passionately advocating on your behalf to present your case in the most compelling manner.
• Engaging with the Crown Attorney: We handle all communications and negotiations with the prosecution, strategically advocating for your interests, attending pre-trials, and discussing resolutions.
• Crafting & Presenting Legal Arguments: Our team diligently prepares and articulately presents legal arguments, both in pre-trial settings and at trial, tailored to the specifics of your case.
• Representing You at Trial: In the event your case proceeds to trial, we stand as your steadfast advocates, rigorously defending you in court.

Often, our representation means you may not need to appear in court, as we can appear for you. However, we ensure your presence at critical moments, such as the final trial date, always accompanied by our legal expertise.

As your defence team, we are committed to guiding you with professionalism and expertise through all court proceedings.

As criminal defence lawyers, we’ve successfully represented clients in thousands of criminal cases across the Greater Toronto Area (GTA). Our experience and expertise in dealing with drinking and driving charges have resulted in a significant track record of successful results*.

In our role as your criminal defence lawyer, we bring a wealth of knowledge and experience to the table:

• We have served as former crown attorneys, giving us a unique insight into the prosecution’s strategies.
• Our deep understanding of impaired driving laws ensures a strong & winning defence.
• We are well-acquainted with the judiciary, which can be beneficial in court proceedings.
• Our proven track record of winning cases is a testament to our expertise and dedication.
• Our extensive experience in the field equips us with the skills necessary to handle complex cases.

As your defence lawyer, our primary goal is to vigorously defend and protect your:

• Reputation, understanding its importance in your personal and professional life.
• Driver’s license, which is crucial for your mobility and independence.
• Employment, as legal issues can have significant professional repercussions.
• Criminal Record: Doing everything to ensure you do not receive a criminal record

We encourage you to reach out to us today to discuss your impaired driving charge. By speaking with a lawyer from our team, you can take the first step towards fighting the charge and safeguarding your future.

In preparing your legal defence we will review legal arguments such as:

• Recent Drinking
  • were you actually over the limit whilst driving, or
    • was it when the police gave you the breathalyzer test or
    • at some point after you were stopped?
  • Read More about Recent Drinking Defences >
• Rights to Counsel
  • The police are obligated by law to advise you about a lawyer,
  • to make a lawyer available
  • to ensure that you have privacy
  • where your rights are violated
    • the charge can be dismissed.
  • Read More on Rights to Counsel >
• As soon as Reasonably Possible
  • the police have a legal obligation to ensure that there were no unreasonable delays throughout the investigation.
  • arrests, breathalyzer tests, and all facets of the police investigation
    • must be preformed as soon as reasonable possible.
• Right to Trial within a reasonable time period
  • there are time limits
  • the prosecution and court system must
    • have your trial within a reasonable time.
  • the Canadian Charter of Rights and Freedoms
• Proof beyond a Reasonable Doubt
  • the judge in convicting a defendant must be 100% sure that you are guilty of the charge.
  • where a judge has a reasonable doubt as to your guilt, they should dismiss the charge.
  • Read on Reasonable Doubt >

Errors and mistakes are not uncommon in criminal cases, including those involving impaired driving.

There have been instances where, initially, the evidence gathered by the police and the prosecution appeared to form a strong case. However, upon closer examination at the trial, these cases sometimes unravel due to various factors such as:

• Minor mistakes in the handling or presentation of evidence,
• Absence of critical documents, or
• Legal issues originating from the practices of the police or the Crown attorney’s office.

While some of these errors can be rectified, others are so significant that they undermine the prosecution’s case, potentially leading to its dismissal and reduced charges.

Frequently, clients may assume their guilt in impaired driving incidents, but a detailed legal review can reveal that they should not have been arrested in the first place. In such situations, the charges are often dropped, underscoring the importance of a thorough legal examination of each case.

If you or a loved one is facing criminal charges, obtaining legal advice is a crucial first step. You can begin this process by calling and speaking to one of our criminal lawyers at 416-731-7113.

During this initial call, which is entirely confidential, you’ll have the opportunity to discuss your situation with the lawyer, ask questions, and receive professional guidance and advice. This consultation is offered without any fee or obligation.

Based on this discussion, the lawyer can provide an opinion on your case, highlighting possible defences, give an opinion on outcomes, relevant legal arguments, actions you can take to support your case.

If you decide to proceed with our services, we will arrange a meeting, either in person at our office or through a Zoom meeting online, to further discuss the details of your case, strategize your defence, and plan for the upcoming court date. A reasonable deposit, ranging from 10 to 25 percent, is requested upon agreeing to retain our services, ensuring a commitment to your defense and legal support.