Defending Against Impaired Driving Charges
Tyler MacDonald defends against all charges related to drinking and driving or alleged impairment by drugs when driving. Defending against these charges requires acute expertise. Many cases turn on whether the investigating police officers properly followed the strict procedures set out in the Criminal Code that allow for the warrantless seizure of breath samples or blood samples to prove the blood-alcohol concentration (BAC) of the accused. Failure to adhere to these procedures can render breath demands invalid, or warrant the exclusion of the seized breath samples from a trial. It requires extensive knowledge of the compedious provisions of the Criminal Code related to these procedures, a tested ability to apply the principles and interpretations of ss. 8, 9, 10(b) and 24(2) of the Charter of Rights and Freedoms, and a focused cross-examination of police witnesses.
Defending effectively against these charges often requires multiple disclosure requests to the Office of the Crown Attorney, consultations with toxicologists, and pre-trial applications. It is imperative that you contact Mr. MacDonald at the earliest stage in these proceedings in order to avail yourself of the best avenues of defence.
Mr. MacDonald guarantees cost-effective representation of the highest calibre for every client, in every case. He will clearly set out all possible options for dealing with your case and provide you with the clearest possible indication of your chances of success.
Contact Mr. MacDonald today to begin your defence. The initial consultation is always free.
Offences related to drinking and driving are referred to by a number of names, including impaired driving, "over 80", D.U.I. or driving under the influence, and "refuse breath sample". The actual charges under the Criminal Code of Canada which these names commonly refer to are impaired operation of a motor vehicle, operation of a motor vehicle with a blood concentratrion of more than 0.08 milligrams of alcohol in 100 millilitres of blood, refusing to provide a breath sample into an approved screening device, and refusing to provide a breath sample to deteremine the concentration of alcohol in the blood.
The Criminal Code also makes it an offence to operate a motor vehicle while being impaired by a drug, or by a combination of drugs and alcohol. Police officers are now allowed to demand, in certain situations, that a person submit to testing by a special "evaluating officer" who determines by various tests whether a person's ability to operate a motor vehicle is impaired by drugs, or, as some have said, whether the person was "too high to drive".