Why Experience Matters: Finding a Drinking and Driving Lawyer
Driving or having care or control of a motor vehicle while impaired by drugs or alcohol is a very serious criminal offence in Canada. The penalty is the same as driving or having care or control of a motor vehicle if you have more than 80 mg of alcohol in 100 mL of blood or refusing or failing to provide a breath sample. Together, these offences are referred to by many names, including drinking and driving, driving while impaired, DUI, DWI, Over 80, or refusing or failing to provide a breath sample.
Being convicted of a drinking and driving offence will have severe consequences in both your personal and professional life. A conviction for a first offence will result in a criminal record, a one-year driver’s license suspension and a fine of at least $1,000. A conviction for a second offence will result in a jail sentence of at least 30 days. A conviction for a third or subsequent offence will result in a jail sentence of at least 120 days. As well, Ontario’s Ministry of Transportation will suspend your driver’s licence for one year for a first conviction, three years for a second conviction, and for life for a third conviction.
Who Do I Turn To?
Many criminal defence lawyers in Toronto claim to defend individuals convicted of drinking and driving, when in reality the majority of these cases end with a guilty plea. To those unfamiliar with the complexities of drinking and driving laws, this may seem like the only option, especially when the prosecution presents damning evidence from police breath technicians and forensic toxicologists.
Only qualified and experienced drinking and driving lawyers will be able to navigate the technical and complex provisions outlined by the Criminal Code in regards to driving while impaired. If you are accused of driving while impaired, it’s critical that you seek out a representative with expertise in this area of the law.
The police and prosecution must follow a number of technical legal requirements when investigating a person under suspicion of driving drunk. Often, “not guilty” verdicts are achieved by identifying instances where the police violated constitutional rights while collecting their breath or blood samples. A skilled drinking and driving lawyer will review your case notes, as well as the reports compiled by the investigating officer, to ensure their constitutional compliance.
Effective drinking and driving lawyers will have access to a network of resources and forensic consultants who can assist them during challenging cases. They will be able to help identify instances where medical conditions have adversely affected your ability to provide a breath sample. In some cases, conditions like Crohn’s disease, gastroesophageal reflux disease (GERD), and diabetes have been known to distort testing results. Drinking and driving lawyers will understand the physiological foundation for these defenses, and will give you your best chance at freedom.
Find a Drinking and Driving Lawyer in Toronto
If you are seeking an experienced drinking and driving lawyer in Toronto, John Erickson can help. With decades of experience, a commitment to client care, and an affordable billing structure, John Erickson has protected the constitutional rights of many of those accused of driving under the influence in Ontario.
To learn more about John Erickson’s drinking and driving defense, visit https://ericksonlaw.ca/impaired-driving-charges/, or call (416)-363-3612 to book your free consultation now.