DUI Defences for Ottawa Courts
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Impaired Driving Links
Dave Singh
3 days ago
★★★★★ Nick and his team worked on defending my DUI case. I was worried about getting a record, but they took care of everything.They got my charge dropped to a traffic ticket, not a criminal offence. I’m so happy with the result. Before the trial date, I met with his team to watch surveillance videos of me, solidify my defence to the dui, give me some information about the law, and do a dry run of the trial with my friend who was going to testify with me. I felt as comfortable as I could given the situation since he prepared me well. My lawyer seemed to be known and had a good report with the court which I believe was to my advantage. He also prepared two back up technical defences. We won the case.
Susan Miller
7 days ago
★★★★★ My husband was charged with impaired driving and over 80. We felt totally hopeless. It was difficult, but these guys were with us every step of the way, supporting us, preparing the defence, always answering our questions. They always were easy to get in touch with and answer questions. As a result of their work, the DUI charges were withdrawn. My husband ended up with careless driving ticket, no record. We are very grateful to this amazing team of knowledgeable and skilled lawyers. We would recommend them to anyone who is in trouble and does not know what to do.
Mohammad Nazim
1 week ago
★★★★★ Highly recommend the firm and truly appreciate their hard work, this firm are the best at what they do, they have withdrawn my both charges of Drive over 80 and Impaired Driving. They are a bit pricey but however that’s what it needs for defence professionals to resolve your matters and they had the courtesy to have me pay it over a period of time so definitely worth it regardless. I recommend them to anyone with any kind of case specially what I went through as results was awesome. highly recommend 100% no doubt. I’m super happy with their work and results.
Marisol Almarazo
2 weeks ago
★★★★★ I recommend them because they won my case! My charges were WITHDRAWN and my record will be erased immediately. I recommend them 100% for any legal problem that you need. The results that they provided were very impressive. Thank you
John Stocco
2 weeks ago
★★★★★ I was charged with Care and Control of a Motor Vehicle over 80mg. From the moment I contacted Mr. Charitsis, I was put as ease. The trial and defence was simply outstanding to watch the cross examining the officer who charged me. In the end, I was acquitted thanks to the expertise of these lawyers. If you have been charged with a criminal offence then I would highly recommend!
Past defences to dui results are not necessarily indicative of future results and litigation outcomes will vary according to the facts in individual cases.
Defences to DUI: Legal Defences to Impaired Driving
Winning defences to DUI charges in Ottawa. Experienced Lawyers for DUI Defences
As Ottawa DUI lawyers we know there defences to dui charges. In any court case there are issues, legal arguments, motions and resolutions happening, and where cases go to trial, we win more than our share!
At Charitsis Sheikh LLP we firmly believe and our ability to successfully provide a winning result.
Many times with the right defence strategy, it is possible to avoid license suspensions and records that can have a lasting impact on your life.
Police officers and courts make mistakes, evidence is collected improperly, rights are violated and many times our clients are just not guilty.
Here is just a sample of the DUI defences that maybe available to win your case. Call, let’s have a discussion and we’ll explain the defences available and how we’re going to win for you!
Challenging the accuracy of the breathalyzer or blood test
An important DUI defence is to question the validity of breathalyzer results.
When the police collect evidence against an accused, it must be collected legally and properly, including breathalyzers tests.
The rules for collecting breath test results, include:
- were there any time delays?
- were the tests done properly?
- was the breathalyzer calibrated?
- was the device tested before use?
- are the readings accurate?
Many times breathalyzer tests are the only evidence to prove a DUI.
Where the breathalyzer testing can be discredited or brought into disrepute it can result in DUI charges being dismissed.
Improper Breathalyzer Tests - DUI Defences
Breathalyzer tests must be administered properly by the breathalyzer technician
In reviewing the defences to dui for your case, our we’ll would review the breathalyzer technicians report and the readings obtained, including:
- testing procedures
- dates of calibrations
- breathalyzer technician qualifications
- review of the video evidence
Our DUI lawyers can review the testing procedures to determine whether there are defences to dui and grounds to challenge the validity of the test results. Where tests are ruled inadmissible charges can be dismissed.
Arrests & Police Conduct - DUI Defences
When considering your DUI defences, the actions and conduct of the officers are reviewed.
Police officers have rules when making arrests. Investigations must be done properly, evidence must be collected legally and the rights of the accused must be maintained, for example:
- did the officer make a proper arrest
- was a breathalyzer demand made
- was the accused advised of their rights
Where there is inappropriate behavior or irregularities, or neglecting to do some action that should have been done, our defence lawyers would seek to have the charges dismissed.
Charter of Rights & Freedoms Violations
The Canadian Charter of Rights and Freedoms protects Canadians from unlawful search, seizure, and arrest. Where rights have violated, cases maybe won, for example:
- case has taken too long to come to court, if the
- police pulled you over without reasonable cause, or if they
- did the police advise you of your rights to counsel
- breath samples collected must be inadmissible in court.
Where your rights are violated during the arrest, our defence team may be able to argue that the evidence should be excluded.
As soon as Reasonably Possible
The police must ensure that there are no unreasonable delays throughout a DUI investigation.
Where a driver is arrested for a DUI offence, there should be no unnecessary delays:
- in conducting breathalyzer tests and
- processing of the accused.
- e.g. the police officer stopped on the way to the police station for an unrelated issue
- not due to the investigation
When preparing defences to dui the arrests, breathalyzer tests, and all other aspects of the investigation must be done “forthwith”.
Lack of Evidence
In any criminal proceedings and especially for DUI defence, the Crown Attorney must find the accused “Guilty beyond a Reasonable Doubt”.
This means that the judge must be 100% sure that the accused committed the offence alleged by the prosecution. Where there is any doubt as to the accused’s guilty the Judge should dismiss the charges.
In assessing reasonable doubt:
- The burden of proof rests on the prosecution throughout the trial and never shifts to the accused.
- A reasonable doubt is not a doubt based upon sympathy or prejudice and, instead, is based on reason and common sense.
- Reasonable doubt is logically connected to the evidence or absence of thereof.
- Proof beyond a reasonable doubt does not involve proof to an absolute certainty. It is not proof beyond any doubt, nor is it an imaginary or frivolous doubt.
The prosecution must prove beyond a reasonable doubt that you were impaired while driving.
Involuntary Intoxication
Some prescription drugs can cause effects similar to alcohol intoxication.
If you were unwittingly took a medication not understanding it could affect your driving or were drugged or your drink was spiked without your knowledge, you may be able to use involuntary intoxication as a defence.
Involuntary intoxication means that you did not intend to become impaired and that you had no way of knowing that you were consuming a substance that would impair your ability to drive.
In this defence to dui, our defence would seek to prove that you did not know that the substance would impair you, or had no knowledge of the substance, and that you did not voluntarily consume it.
Driver was Not Impaired
Your DUI defence would include, did the police officer prove to the court that the drivers ability to operate a motor vehicle was impaired?
Police officers must prove to the court that the drivers ability to drive was impaired. The officer would do this by describing the driving manners of the accused and then physical characteristics upon speaking to the driver.
Such as:
- evidence of bad driving, weaving, speed, unexplained braking etc
- slurred speech, bloodshot eyes, unsteady on feet.
- the odour of alcohol on the drivers breath
The officer must explain what they observed to lead them to the opinion that “the accused ability to operate a motor vehicle was impaired”
Where there is little or weak symptoms of impairment, this could result in a DUI defence and charges being dismissed by the court.
Arguing that the driver was not impaired can be one of the most straightforward DUI defences to an impaired driving charge, and to argue that the driver was not impaired. In such a case the defence would seek to produce evidence that the driver was not impaired, such as witness statements or video footage of the driver’s behaviour from the police station.
Proof of Control - DUI Defences
In an impaired driving trial the prosecution must prove that the accused had the care and control of the motor vehicle.
Many times, especially where an accident has occurred the drivers maybe standing outside of vehicles with or without other persons.
The police officer must ascertain who the driver of each vehicle was, and whether they had the control of the vehicle while impaired.
On top of this time is important to DUI investigations by police. Breathalyzer tests must be taken within time limits. Not when the police arrived, but the time of the incident.
Cost to Defend a DUI Charge in Ottawa
Being charged with a criminal offence is a serious matter and can have life-changing implications. We firmly believe that this is not a time in your life look for cheap or “affordable lawyers”.
This one event in your life can have long term implications on your drivers licence, livelihood and family.
When charged with any criminal offence, you need the very best legal defence to protect yourself and your future.
We don’t cut corners just to save a few dollars and put you at risk. As Ottawa defence Lawyers, we don’t nickel and dime our clients. We charge a fee which represents the high caliber of legal representation that we provide.
Our goal is to win your case, and we will do everything in our power to provide the best possible defence. We will appear and arrange all court dates, disclosure requests, discussions with the Crown Attorney, and prepare all documents and motions for your case.
Prior to any trial, we will meet with the Crown Attorney to review and argue the merits of a withdrawal and to canvass any reduced charges. We will keep you informed and updated on your case and provide advice on what you can do to help your case, such as writing out your version of events, obtaining documents, witnesses and arranging for counseling if necessary.
We welcome the opportunity to discuss your case with you.
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