Hamilton DUI Defences That Work When Your Charter Rights are Infringed

Getting convicted for a DUI charge has long term legal implications. Apart from being a traumatic experience for first-time offenders it also casts a shadow on your future life. You will have to face negativities such as the revocation of your drivers license, possible jail term, legal punishments, probation periods and a damaging effect on your job possibilities as well as immigration. This is one area of Criminal Law that has harsh punishments attached to it, both by laws passed by acts of Parliament and the Provincial Assemblies.

Given this scenario, DUI defence strategies take on multiple forms, but the first on the list is to contact a reputed and experienced defence counsel. What to say in court for DUI charges will be professionally figured out by our Hamilton DUI attorneys. We will ensure that your chances of being acquitted are as high as possible.

The primary step to take when faced with an impaired driving charge is to come up with DUI defences that work. As a reliable Hamilton DUI Lawyer, we will outline the approaches we plan to use and what to say in court for DUI cases.

The first step is to study the evidence collected against you and look for loopholes that will make it impossible for the Crown to present a watertight case at trial. This is usually done through detailed analysis of the circumstances and studying whether all of the sections under your Charter Rights were strictly adhered to when you were charged with a DUI. The sections that we mostly focus on are; s. 9 (arbitrary detention), s. 10(a) (right to be informed of the reason why) and s. 10(b) the right to counsel. There is also s. 8 that deals with matters related to unreasonable search and seizure as the concerned police officer may have persued you without a valid search warrant. Lawyers in Hamilton, Ontario will also determine whether your rights for fundamental justice, s.7 and 111(b) to be tried within a reasonable period, have been met.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Hamilton

Accepting a Plea Bargain Is Sometimes A Common DUI Defence strategy in Hamilton, ON

Another approach that is often considered to be A Common DUI Defence strategy is to convince the prosecutor to agree to a plea bargain where the Crown consents to drop DUI charges in exchange for a careless driving charge. This absolves the accused of a criminal charge, thereby protecting him/her from future complications in life. However, this can not be taken as an automatic procedure. It will only be done if the Crown thinks that there is a major flaw in the case which might not lead to a DUI conviction. Otherwise, the Crown will not offer this option which will leave you with no choice but to plead guilty or fight the case. This is the reason why you need to have a reliable Hamilton DUI lawyer on your side who will argue your case professionally to increase your chances of winning a DUI trial.

A Common DUI Defence strategy is to fight the case on technical grounds and thoroughly verifying whether any procedural lapses have occurred. Law enforcement officers often make a slip when enforcing the law. The areas that a DUI lawyer will pick on include:

• Challenging BAC results, blood test results and questioning Field Sobriety tests.
• Challenging the legality of a DUI checkpoint and showing the arrest therein as illegal.
• Showing that an officer failed to issue implied consent warning and that he/she failed to read rights to the accused.
• Disputing suspicion of being under the influence.
• Alleging racial profiling or other misconduct.

The First Step When Coming up With DUI Defence Strategies in Hamilton

The focus of any recommendable Hamilton DUI Lawyer will be to fight the case on technical grounds. This is why the presentation and the ability to know exactly what to say in court for DUI, matters a lot. The process and ways to get out of a DUI rests solely on the assumptions that the due process of law has not been followed by the law enforcing officers resulting in flaws that can be challenged in court. This is one reason why it is very necessary to contact lawyers who have a proven track record of success in such cases.

Hamilton DUI Defence Strategies – Making Them Work

Proper DUI defence strategies can only be worked out by a Hamilton DUI Lawyer with vast experience and professional expertise in this area of law. We have a team of lawyers that has shown consistent results over the years. We visit the site of the incident to get firsthand information about what actually happened and then evolve effective and winning plans to have our clients acquitted of criminal charges. Call us whenever you need a reliable DUI defence lawyer.