ADAM IS WELL KNOWN FOR HIS TENACIOUS APPROACH TO CHALLENGING IMPAIRED DRIVING CHARGES AND HE HAS ENJOYED TREMENDOUS RESULTS FOR HIS CLIENTS.
Norwegian billionaire tobacco heiress given $38,750 drunk-driving fine
A 22-year-old Norwegian student has been handed a 250,000-kroner ($38,750 Canadian) fine for drunken driving — but can still count herself lucky. Katharina G. Andresen is reportedly Norway’s richest woman, a tobacco heiress with a fortune estimated by Forbes at $1.57 billion. Fines for drunken driving in Norway are based on the defendant’s income. Newspaper Finansavisen reported that Oslo City Court said the penalty could have been up to 40 million kroner ($6.2 million) if based on Andresen’s assets.
Greater Toronto Defence Laws On DUI That You Need to Know
Due to the severe and harsh punishments handed out to Greater Toronto DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI lawyer.
What You Need To Know Regarding The Laws For DUI in Greater Toronto, ON
The DUI laws in Greater Toronto are very clear. Section 253(1) states that everyone commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not.
There are two sides to this. The first instance is where alcohol or a drug impair the person’s ability to operate the vehicle, vessel, aircraft or railway equipment. The second instance is where one has consumed so much alcohol that its concentration in his/her blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.
Over the years, DUI offences have constituted the bulk of criminal cases on trial in the courts in Greater Toronto or Ontario. As experienced DUI attorneys, we have consistently defended our clients on DUI charges by challenging the Crown on highly technical grounds. Our defences are mostly inclined to police violations of Sections 8, 9 and 10(b) on the Charter of Rights and Freedom.
Further Greater Toronto Laws on DUI That You Need to Know
The most heavily litigated criminal cases in Greater Toronto, ON are related to DUI laws. However, the proof for impaired driving and later conviction is largely based on the observation of eye witnesses and the investigating officer. While proof of an over 80mg offence entails taking a breath sample or blood sample to measure the level of Blood Alcohol Concentration (BAC), it can be more complex in the case of impaired driving due to the intake of drugs. In this case, an evaluation performed by a a Drug Recognition Expert and drafting of reports is required to pin charges on the accused.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Greater Toronto
What is Required To Justify a DUI Offence Under Greater Toronto DUI Laws
The essential elements for proof of offence under the laws of DUI include time and date, jurisdiction and the identity of the accused. In addition to this, there are laws under section 253(1) (a) which says that an officer can detain an accused on reasonable suspicion that there is alcohol or drugs in his/her body and that the accused was operating or in care or control of the vehicle. The officer also has to prove beyond a reasonable doubt that the accused had an impaired ability to drive at that time and that alcohol or drugs caused the impairment.
Additional Proof Required To Justify a DUI Arrest Under Greater Toronto DUI Laws
This section is similar to the previous section, where the essential elements of proof of offence for laws of DUI include time and date, jurisdiction and identity of the accused. However, section 253(1) (b) under laws for DUI is based on the situation where the Blood Alcohol Concentration (BAC) of the accused is over 80. The intricacies of the law demand that each sample of the blood is taken as soon as the offence is committed and the first sample should not be taken later than 2 hours after the incident. There should be an interval of at least 15 minutes between samples. The samples have to be taken directly into an approved instrument handled by a qualified technician whose admission will be later admissible in court.
DUI Defence Law Strategies Used in Greater Toronto Courts
For first time offenders, getting pulled over under DUI laws can be traumatising. However, you are presumed to be innocent until proved guilty and it is the duty of the Crown to establish that. Notably, a motorist stopped or detained raises several charter issues. There is s.9 (arbitrary detention), s.10 (a) (right to be informed of the reason why) and s.10 (b) (the right to counsel). In most case, since the officer may have no warrant then a defence may be obtained based on unreasonable search and seizure (s.8).
There is also s.11 (b) which is the right to be tried within a reasonable time and the entitlement to full disclosure (s 7, fundamental justice).
Contact Us Today To Understand Which Greater Toronto DUI Defence Laws Apply To Your Case
We have the knowledge and expertise to present your case at trial and ensure that you receive a proper ruling and avoid any unnecessary DUI penalties. By contacting us, you are assured to obtain the most reliable DUI lawyers in Greater Toronto, Ontario for DUI defence law with multiple success records to show in these types of cases. We fight DUI charges on a constitutional background and investigative lapses on the part of the prosecutors. Get in touch with us immediately if you’ve been charged with a DUI offence. Time is very crucial in these cases so don’t be hesitant. Give us a call for more information and a free consultation.
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
How We Helpour experience is your advantage
The initial in-person consultation to discuss your legal matter is FREE. The consultation is a personal meeting with Adam Little, and not an Associate. This is perhaps the most stressful time of a person’s life and thus there is no time limit to the meeting. Our experience includes a wide range of criminal and quasi-criminal litigation with a strong focus on impaired driving offences. When you come in and visit us we will evaluate your case and we will take whatever time is necessary to carefully review and discuss your criminal matter in a professional environment.
Legal Defence Against A DUI Arrest in Newmarket, ON
Due to the severe and harsh punishments handed out to Newmarket DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer.
What To Do If You’ve Been Arrested For Drunk Driving in Newmarket, ON
Whenever a person is arrested for drunk driving and charged with a drinking and driving offence for the first time, he/she may be overwhelmed by all the numerous court proceeding involved. The whole process is quite frightening and may create confusion.
Ontario and Newmarket have some of the toughest DUI laws in the whole country, and the penalties can be very stiff. Even if you are in the “warn range”, you can still face penalties although not as harsh as those handed out for Over 80mg offences.
What Constitutes a Valid DUI Arrest in Newmarket, Ontario
DUI or driving under the influence means operating a vehicle which may include cars, trucks, snowmobiles, boats and off the road vehicles while under the influence of drugs or alcohol. DUI is a serious offence and a crime in Newmarket, Ontario and has some very severe consequences as well as the imposition of penalties.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Newmarket
Penalties for drunk driving depend on the number of times a DUI arrest has been given to the accused and they keep on getting stiffer and tougher as the number of offences increases. The penalties are as follows:
First Instance:
Mandatory education or treatment program
License suspension for one year
Monetary fine
One year minimum requirement to drive a car with ignition interlock device
Second instance:
Mandatory education or treatment program
License suspension for three years
Fine amount at the judge’s discretion
30-day minimum jail sentence
3-year minimum requirement to drive a car with an ignition interlock device
Third instance:
Mandatory education or treatment program
Permanent license suspension
Fine amount at the judge’s discretion
120-days minimum jail sentence
Variable interlock periods depending upon sequence of previous convictions
The Most Common Defence Options When Dealing with a DUI Arrest n Newmarket
Although your chances may seem bleak the first time you face a DUI arrest in Newmarket, Ontario you must always remember that unless and until you are proven guilty you are presumed to be innocent.
Contact Us Immediately If You’ve Been Caught Drunk Driving and Arrested for DUI
The main bases on which a person is arrested for DUI is mainly due to a blood alcohol concentration of 0.08. If you were caught drunk driving and arrested for DUI for a level of blood alcohol concentration that is above 0.08 then you will require the toughest defence since this is considered a criminal offence. You will also be subjected to stringent penalties. However, if you were tested close to the limit but not over, then you will face some lesser penalties for being in the “warn range”.
I Got a DUI in Newmarket, What Are My Options
Drivers who are caught drunk driving are usually charged with two offences: impaired driving and driving over 80. If convicted the punishment remains the same in both the cases. Penalties being substantial include; loss of driver’s license, a fine, a possible jail time and a criminal record.
Being charged with a criminal offence is a serious issue and may put your future at risk. Getting convicted with a criminal offence is the last thing you want and that’s the reason why it is advisable to hire a reliable and experienced lawyer. If you find yourself asking the question “I got a DUI what’s next?” then hiring the services of a Newmarket DUI lawyer is the answer. Our team of educted DUI attorneys will assure you the following results:
Reliable and professional opinion and advice from highly skilled lawyers who have many years of experience
Appointment flexibility and convenient working hours
Reasonable fees with no hidden costs
Feel free to contact our team of Newmarket DUI Lawyers; we have the necessary expertise to deal with matters related to a DUI arrest and we have proven to be successful at preventing our clients from facing any unjustified convictions.
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
How We Helpour experience is your advantage
The initial in-person consultation to discuss your legal matter is FREE. The consultation is a personal meeting with Adam Little, and not an Associate. This is perhaps the most stressful time of a person’s life and thus there is no time limit to the meeting. Our experience includes a wide range of criminal and quasi-criminal litigation with a strong focus on impaired driving offences. When you come in and visit us we will evaluate your case and we will take whatever time is necessary to carefully review and discuss your criminal matter in a professional environment.
Driving under the influence of Marijuana Defence Lawyer in Kitchener
Due to the severe and harsh punishments handed out to Kitchener DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable impaired driving lawyer.
Driving under the influence of Marijuana DUI Laws in Kitchener, Ontario
The Criminal Code considers impaired driving as a criminal offence. The penalties for impaired driving are strict in Kitchener and accross Ontario. When it comes to driving under the influence of alcohol, the laws are clear, and the punishments involved are high. However, for driving under the influence of marijuana in Kitchener and Ontario, things are a bit different. Although the law relating to drug impaired-driving is strict, the process is different and there is room for being safeguarded against the punishments involved.
Notably, for you to obtain protection against the penalties arising out of a drug-impaired driving charge, it is necessary that you hire a reputed Kitchener DUI lawyer. We are a renowned DUI law firm in Kitchener, Ontario and we are highly experienced at defending clients against drug impaired driving charges.
Approved Testing for a Marijuana DUI in Kitchener, Ontario
In the case of impaired driving under the influence of alcohol, the police can ask you to undergo a breathalyzer test to determine your DUI blood alcohol level. However, for marijuana DUI the process is a little different. The police may look for signs that would help them determine that the driver is under the influence of marijuana and soon the police will have a newely approved testing device specifically for detecting marijuana.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Kitchener
Common Signals That Justify a Marijuana DUI in Kitchener, Ontario
The signs that may determine the influence of marijuana when a driver is flagged down include; driving too slow, driving erratically, slurred speech, bloodshot eyes, glassy eyes, impaired cognitive function, impaired motor skills and the smell of marijuana in the vehicle.
How Kitchener Police Will Determine if a Driver is Driving Under the Influence of Cannabis
The Criminal Code empowers the police officials to investigate possible marijuana DUI offences. The police can seek permission to demand a suspected driver for completing a Standardized Field Sobriety Test. It includes a physical conditioning test, which allows the officer to look for signs of impairment.
Driving under the Influence of Cannabis and The Drug Driving Limit of Cannabis in Kitchener
Getting charged with a DUI offence in Kitchener or Ontario can be a crushing experience. Apart from receiving harsh punishments that may transpire into heavy fines and possible jail time, you may end up with a criminal record. However, driving under the influence of alcohol is a little bit different from driving under the influence of cannabis. For instance, there is no drug-driving limit of cannabis. Nevertheless, the police officials can ask the driver to undergo the Standardized Field Sobriety Test, as the breathalyzer test may not prove to be accurate in the case of cannabis usage.
Defending Driving and Cannabis Charges in Kitchener, ON
The laws in Ontario and Kitchener governing DUI offences are some of the strictest in the entire country. There is a strict policy governing DUI offences in Kitchener, Ontario. Driving and cannabis usage is considered a criminal offence under DUI laws with the same penalties and punishments as those in alcohol related DUI. Defending a cannabis DUI offence may take a different approach than that of an alcohol related DUI offence. Your lawyer will have to build up a defence identifying the flaws on the charge against you which could include pointing out technical mistakes made by the police officials. This is why it becomes necessary for you to hire a relentless Kitchener DUI lawyer to guarantee that you receive efficient representation in the court of law. We will assess your case and put our best foot forward to defend you in court and protect you against any penalties relating to the impaired driving offence.
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
How We Helpour experience is your advantage
The initial in-person consultation to discuss your legal matter is FREE. The consultation is a personal meeting with Adam Little, and not an Associate. This is perhaps the most stressful time of a person’s life and thus there is no time limit to the meeting. Our experience includes a wide range of criminal and quasi-criminal litigation with a strong focus on impaired driving offences. When you come in and visit us we will evaluate your case and we will take whatever time is necessary to carefully review and discuss your criminal matter in a professional environment.
Randy Travis loses bid to block naked DUI arrest video
By Kristin M. Hall, THE ASSOCIATED PRESS
NASHVILLE — A federal judge has denied a request by country singer Randy Travis to stop the state of Texas from releasing footage of him naked and ranting during a 2012 DUI arrest.
The ruling on a request for a preliminary injunction issued Thursday paves the way for the Texas Department of Public Safety to release the footage on Friday, which was requested through open records requests.
Travis’ family has been in a long legal battle to stop the release of the footage that went all the way to the state Supreme Court, which denied his petition. Travis filed a federal lawsuit in September in Texas arguing that that the footage should be considered private under health record privacy regulations. But the judge said he did not show a substantial likelihood of success on the claims.
The driver had a blood-alcohol content nearly double the legal limit and a tenuous relationship with consciousness when his car slammed into the back of a parked fire truck on San Francisco’s Bay Bridge.
Still, he became maybe the first to add a technologically advanced new entry to the list of drunken driving excuses.
He wasn’t driving, the man told the highway patrolman Monday morning. The car was.
According to the California Highway Patrol, the driver explained that his Tesla electric vehicle “had been set on autopilot,” obviating the need for him to be in control of the vehicle or, well, sober.
He was wrong, of course, and was ultimately jailed under suspicion of driving under the influence. But as word of another Tesla autopilot crash spread, the case of car as designated driver became an interesting thought exercise for anyone with more than a passing interest in vehicles that drive themselves.
If Elon Musk and other forward-thinking automakers have their way, there will soon be a time when there is no more drunken driving, because cars never have to wonder whether they’ve had one too many vodka martinis.
But until we all have our own computer-controlled, two-ton chauffeurs, we’re left with an increasing number of cars with a raft of features that make them semi-autonomous — vehicles that are safer and smarter, if not particularly geniuses.
Carmakers are transparent about that caveat emptor quality of their vehicles.
Defending An Out of Province DUI in Kitchener, Ontario
Due to the severe and harsh punishments handed out to Kitchener DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer.
Dealing With an out of Province DUI in Kitchener, Ontario
If you have been charged with a DUI offence it is inevitable that you will face a court ruling. The law is quite strict when it comes to DUI offences in Kitchener, Ontario. Nevertheless, if you are from another province, it does not mean that you are in a position to evade any legal proceedings in Kitchener or Ontario.
The prevailing laws related to DUI cases in Kitchener and Ontario will not only be applicable to residents of Kitchener or ON but will also bind residents of other provinces. This is the reason why you need to hire a competent DUI lawyer for proper representation in the court of law. As a leading DUI law firm in Kitchener, we employ experienced lawyers who are well conversant with such cases.
Implications if You Get a DUI Out of Province in Kitchener, Ontario
Getting charged with a DUI offence is in itself an overwhelming situation, and it can get even more depressing when you are charged with a DUI in another province. An out of province DUI in Ontario or Kitchener means that you will have to face a lot of strict legal implications as the laws governing DUI offences are the strictest in Ontario and Kitchener.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Kitchener
Out of Province DUI License Suspension in Kitchener or Ontario
An out of province DUI is likely to add to your legal distress rather than alleviating it. If you are charged with a DUI offence in Kitchener or Ontario, you will receive an out of the province DUI licence suspension in your home province once it is made aware of the legal issue you face in Ontario or Kitchener.
What to Expect if you Get a DUI Out of Province in Kitchener, ON
Since you will have to face legal implications in Kitchener, Ontario as well as in your home province, the overlap in jurisdictions may compound the case, making it much more complex. This is why having a professional and competent DUI lawyer by your side is the only and most reliable way out.
Fighting a DUI in Another Province in Kitchener Courthouses
Getting a DUI in another province is a complex issue. Not only will you be facing legal implications in your home province but also at the province where you get charged for a DUI offence. The laws in Kitchener as well as in Ontario are strict and the chances are that you may have to face an out of province DUI licence suspension. In such a case, you will require the services of a Kitchener DUI lawyer who will safeguard you against legal implications and will represent in the most professional way in the court of law.
I Got a DUI in Another Province But I Live in Kitchener, What Do I Do?
Getting charged with a DUI offence is in itself a distressing situation and being charged with a DUI offence in another province is much more troublesome. If you are asking yourself questions like, I got a DUI in another province what should I do now? Then the first thing you should do that will help you obtain protection from the legal implications is to contact a competent Kitchener DUI lawyer. We will assess your case and protect you against the legal complications arising from a DUI charge.
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
How We Helpour experience is your advantage
The initial in-person consultation to discuss your legal matter is FREE. The consultation is a personal meeting with Adam Little, and not an Associate. This is perhaps the most stressful time of a person’s life and thus there is no time limit to the meeting. Our experience includes a wide range of criminal and quasi-criminal litigation with a strong focus on impaired driving offences. When you come in and visit us we will evaluate your case and we will take whatever time is necessary to carefully review and discuss your criminal matter in a professional environment.
Defence Against a DUI Violation or Probation for DUI in Scarborough
Due to the severe and harsh punishments handed out to Scarborough DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer.
What To Do If You’ve Received a DUI Probation Violation in Scarborough, ON
The criminal justice system in Scarborough has a set of complex and constantly evolving rules and regulations in relation to DUI care and control cases. DUI violation is considered a criminal offence and is strictly dealt with especially Scarborough, Ontario. If you’ve been arrested for a DUI violation and you wish to seek Probation for DUI, then it is crucial for you first to understand the types of sentencing that you bound to encounter in a case of impaired driving or over 80 violations in Scarborough, Ontario.
Firstly, there is a Conditional Discharge where an offender is found guilty of a crime but is not given a registered conviction. The accused is given a set of conditions to follow when under probation which if not followed, may translate into further charges. The conditional discharge will stay on the offender’s criminal record for three years after he/she has completed the probation order. One amazing fact about this sentence is that the offender does not have to apply for a pardon for the discharge to be removed from his/her records. No criminal record is created thereafter.
The second sentence is the Absolute Discharge which is very similar to the Conditional Discharge, and the only difference is that there is no probation, no set of rules or conditions to follow for the offender. It stays on the offender’s record for one year and the offender will not have a criminal record thereafter.
The Third sentence is the Probation Order. A probation order is an order from the court which requires the offender to follow and complete a set of rules and guidelines within a specified period of time. It is a set of orders by the judge which are required to be followed by the offender and refrain him/her from certain acts. The objective of the probation order is to rehabilitate the offender and is accompanied by a fine.
In addition to the three sentences, there are other sentences that will leave you with a criminal record they include; Suspended Discharge and Imprisonment.
Fighting a DUI Probation Violation in Scarborough, Ontario
The courts in Scarborough, Ontario use probation to supervise people after the disposition of charges. The rules and provisions set out in the probation order must be followed to the letter since a single deviation may be considered a breach of probation. The law and justice system is extremely hard on those who commit a DUI probation violation because a breach of probation means further crime is being conducted by the accused.
What Constitutes a DUI Probation Violation in Scarborough, ON
If you’ve been placed on probation in Scarborough, there are some behaviors you should stay away from which could lead to you receieving a DUI probation violation charge. These may include violating anything specified in the probation order like failure to appear in court, possession of drugs or alcohol, failure to complete court appointed programs and failure to behave or maintain peace among others.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Scarborough
Criminal Charges For a DUI Probation Violation in Scarborough, Ontario
A DUI probation violation is considered a criminal offence under the criminal code and is dealt with in the strictest procedure. There are three different ways in which the Crown can proceed when dealing with a DUI probation violation. The first option will be to charge you with a summary offence, the second will be to charge you with an indictable offence while the third option is to withdraw the charges for lack of evidence.
What to Expect If You Get a DUI on Probation in Scarborough
If you’ve have been charged with a DUI on probation, you probably know that that means you have repeated a violation. A repeated act of DUI violation is a very serious offence. The courts are usually very strict in such cases especially those in Scarborough, and take a dim view of any new DUI charge if you are already on probation for a previous DUI violation. This offence will not only affect your DUI case but will also be a breach of probation in the previous case. You may have to face penalties for both cases as well as some additional severe consequences. However, you can still protect yourself by hiring the services of a reputable DUI lawyer. We at Scarborough DUI Lawyer employ some of the most experienced lawyers in the field and can help you safeguard yourself against implications arising out of such cases.
Contact Us Immediately If You Have Violated Probation With a DUI in Scarborough
If you’ve violated probation with a DUI and you are wondering if you stand any chance of ever getting out then the answer is Yes. Although the court imposes intense fines, an extended probation or an actual jail time in such cases, you can still protect yourself by hiring a professional lawyer. Scarborough DUI Lawyer will protect you and safeguard you from any consequences arising when you have committed a probation violation with a DUI. Having a dependable lawyer by your side can ensure your safety and protection in the court of justice.
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
How We Helpour experience is your advantage
The initial in-person consultation to discuss your legal matter is FREE. The consultation is a personal meeting with Adam Little, and not an Associate. This is perhaps the most stressful time of a person’s life and thus there is no time limit to the meeting. Our experience includes a wide range of criminal and quasi-criminal litigation with a strong focus on impaired driving offences. When you come in and visit us we will evaluate your case and we will take whatever time is necessary to carefully review and discuss your criminal matter in a professional environment.
Defending A Failure to Provide a Specimen Charge in York Region
Due to the severe and harsh punishments handed out to York Region DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer.
What To Do If You’ve Been Arrested in York Region For Failing to Provide a Specimen
Most people get surprised when they come to learn that the failure to provide a sample to a police officer is a criminal offence under the Criminal Code. Refusal is considered a serious criminal offence and is punishable with severe consequences. If the police suspect that you are intoxicated while driving they will demand a breath, urine or blood sample and if you refuse this demand you will be given a failure to provide a breath sample charge.
Failing to provide a specimen carries the same penalties as a standard DUI, which include driving prohibition throughout the country, fine and a criminal record. Our firm employs some of the most recognized DUI lawyers in York Region, Ontario and we believe in upholding your safety and protection from all consequences arising out of a failure to provide charge.
Failing To Provide A Specimen Is A Criminal Offence in York Region, ON
A failure to provide a breath sample DUI offence is considered a serious crime in York Region, Ontario and is dealt with in the strictest manner. It becomes vital your York Region DUI lawyer to prepare your case in such a way that the charges may be dropped by the Crown. The lawyer may prepare a case based on the breath or blood samples and may try to challenge them in court. However, if you fail to provide a specimen, this will not only get you charged with Refusal but it will also weaken your defence.
York Region Police Physical Sobriety Tests and Failing to Provide a Specimen
If a York Region police officer reasonably suspects that you have impaired ability due to alcohol and have driven a vehicle in the past three hours, he/she may ask you to do some physical sobriety tests so that your coordination can be assessed. The physical sobriety tests may include walking heel to toe or standing on one leg among others. Failing to provide a specimen or refusal to do the physical sobriety test when demanded by the police will create grounds for you to be charged with failure to provide a breath sample or specimen.
For a physical sobriety test, the police do not have to read you the Charter Rights such as your right to contact a lawyer and they also don’t need to wait until you speak with your lawyer before requiring you to take the test.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in York Region
The Consequences of Failing to Provide a Specimen in York Region, Ontario
Failing to provide a specimen or Refusal has the same penalties as those of a DUI offence. Such penalties include; being unable to drive throughout the entire country, a fine and a criminal record. However, the worst consequences of a refusal charge are:
Unlike a regular DUI case a refusal case has no breath, urine or blood sample and so your lawyer won’t be able to challenge the accuracy of the readings. This would ultimately limit the lawyer’s arguments in your defence.
With no Blood Alcohol Concentration readings, there is very little room for prosecutorial discretion. In most cases, when the reading is close to the legal limit the lawyers can try to convince the Crown to agree to a provincial careless driving charge instead of a DUI. This will benefit the accused since there will be no criminal record. However, in refusal cases, there is no BAC level and the accused is not charged with impaired driving; the charges, in this case, will be failing to provide a specimen. The crown will be reluctant to settle for any lesser offence since the alcohol concentration level is unknown.
Remedies If You Fail to Provide a Specimen in York Region
Failure to provide a breath sample or failure to provide a specimen even without a reasonable excuse does not mean you are guilty. The Criminal Code has a set of rules and regulations that must be followed when taking a blood test or a breath sample, and if a police officer does not abide by these rules, then the demand is not lawful and the refusal case against you may be dismissed. Retaining a good DUI lawyer who deals with cases relating to impaired driving and failure to proivide offences becomes necessary. Our firm offers the most reliable DUI lawyers in York Region, Ontario who strive to guarantee your protection against all legal implications resulting from a DUI Refusal charge all the way to cases involving teen drinking and driving offences.
Points To Consider When You Fail to Provide Specimen in York Region, Ontario
If you fail to provide a specimen in York Region, Ontario you will be given a Failure to provide charge. A conviction in a refusal charge can be life altering and will make your future bumpy. However, our DUI lawyers have extensive experience defending all types of cases related to DUI offences. Call us now to get more information and receive a free consultation.
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
How We Helpour experience is your advantage
The initial in-person consultation to discuss your legal matter is FREE. The consultation is a personal meeting with Adam Little, and not an Associate. This is perhaps the most stressful time of a person’s life and thus there is no time limit to the meeting. Our experience includes a wide range of criminal and quasi-criminal litigation with a strong focus on impaired driving offences. When you come in and visit us we will evaluate your case and we will take whatever time is necessary to carefully review and discuss your criminal matter in a professional environment.
Due to the severe and harsh punishments handed out to King DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer.
What To Do When Charged With a Second Offence DUI in King, ON
The consequences of a conviction for a 2nd DUI offence can be disastrous to the life of the accused. Sentencing under the Criminal Code of Law has harsh punishments and in some cases, DUI second offence penalties are so extreme that paying the quantum of stipulated fines can lead a person perpetually into debt.
Your best option when faced with a 2nd offence DUI is to get in touch with a reliable and experienced drinking and driving lawyer who will fight your case in trial. We are one of the most reputed DUI lawyers in King and have consistently shown favorable results on behalf of our clients in DUI cases. Do not hesitate to contact us when faced with a second DUI charge.
The Consequences of a Second Offence DUI in King, Ontario
Getting a 2nd DUI is the last thing you would wish for. It puts you in the category of “repeat offender” which, in any city in Ontario, will mean more fines and penalties than in the first DUI offence. It gets more worse if you have committed the 2nd offence DUI within 5 years of the first offence. In this case, as far as the Crown is concerned, prosecutors will go all out to establish that you have broken the law once and you will continue to endanger the lives of other motorists and people on the road.
As a result, both the police officers and the prosecutors will do everything in their capacity to ensure that you cannot beat stiff sentencing and penalties. Your best option in such second offence DUI is to seek help from a top flight DUI lawyer who will get you out of the impending adverse consequences. We at King DUI Lawyer have a team of DUI lawyers who have the expertise to find flaws in the circumstances leading to your arrest as well as making sure that the Charter Right Provisions have been scrupulously followed in your case.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in King
A Brief Overview of Sentencing for 2nd Offence DUI Offenders in King
First, as stated earlier, a second DUI can lead to extreme penalties, simply because the accused is considered to be a threat on the roads. There are several consequences that you will be faced with under this offence but the most severe is the permanent loss of your driver’s license and a jail term and/or probation can be imposed for a period of 5 years. However, in rare cases an exception is made and a hardship license may be issued to the accused. In such cases, an Ignition Interlock Device will have to be installed in the car for a minimum period of a year or even more.
Both the cost of installation and the maintenance of the device will be at the expense of the accused, adding to financial woes of the convicted 2nd offender.
The Different Sentences in King for a DUI Second Offence
Any person who has been convicted in King, Ontario for a 2nd drunk driving offence automatically faces a countrywide driving prohibition, jail term, fines and other penalties.
The minimum sentences for DUI second offence is as follows:
30 days in jail and a 24 month driving prohibition
If no one is killed and the Crown decides on summary conviction, the maximum sentence is 18 months in jail.
If no one is killed and the Crown decides on indictment, the maximum sentence is 5 years of jail.
In case bodily harm has been caused, the maximum sentence is a 10-year jail sentence.
In case a person is killed because of the offence, the maximum sentence is life imprisonment.
Under Federal law, most provinces are allowed to have ignition interlock programs. In the provinces where this is a part of the system, an accused can drive with an interlock device 6 months after the day of sentence for a second offence DUI.
Was This Your Second DUI in King within 10 Years of the First?
King has implemented stricter DUI laws recently with tougher consequences and quantum of sentencing than before. Any driver with a second DUI within 5 to 10 years of the first DUI faces an automatic suspension of license for 1 year or longer. Upon conviction, the offender faces a mandatory jail term of 90 days to 6 months on average. In any case, either for conviction or for a guilty plea within 10 years, an interlock device has to be installed and maintained for a period of 2 years along with all other costs.
Defending a Second DUI in King – Hire Us Today and Fight the Consequences
Getting a top of the line DUI Lawyer is essential to fighting a 2nd offence DUI in King, Ontario. We will work out strategies to beat the charges through inspecting the circumstances that led to the arrest and evaluating whether the Charter Rights of the accused have been fully adhered to.
Give us a call today for more information and a free consultation.
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
How We Helpour experience is your advantage
The initial in-person consultation to discuss your legal matter is FREE. The consultation is a personal meeting with Adam Little, and not an Associate. This is perhaps the most stressful time of a person’s life and thus there is no time limit to the meeting. Our experience includes a wide range of criminal and quasi-criminal litigation with a strong focus on impaired driving offences. When you come in and visit us we will evaluate your case and we will take whatever time is necessary to carefully review and discuss your criminal matter in a professional environment.
