What To Do If Your Facing Impaired Driving Charges in Hamilton

Getting arrested for impaired driving charges is a frightening experience, especially for first-time offenders. Failing to act immediately can result in you losing your case at trial and you might be subjected to the maximum punishment for your impaired driving charges.

It is always advisable to contact an experienced DUI lawyer when one is in such a situation. Speed is of essence if a good defence on behalf of the accused is to be planned. We employ a team of investigators that gather evidence first-hand to evaluate whether the charter rights of the accused have been honored. Our defence lies on utilizing this evidence at trial as well as cross examinating the Crown witnesses.

Impaired Driving Charges are centered around Section 253 (1) which states that everyone commits an offence who operates a motor vehicle or vessel; or operates or assists in the operation of an aircraft or railway equipment; or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not.

(a) While the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) Having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.

However, for an experienced impaired driving attorney in Hamilton, ON he/she will find all the necessary information to get you off the impaired driving charges. All you need is to do is contact Hamilton DUI Lawyer today.

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

Successful Impaired Driving Defence Strategies Used in Hamilton, ON

Defence of the accused in impaired driving cases in Hamilton begins with gathering evidence at the site as well as establishing that all the charter issues have been strictly followed by the officer who has imposed the charges on the accused. These include s.9 (arbitrary detention), s.10 (a) (right to be informed of the reason why) and s.10 (b) (the right to counsel). In cases where the officer stops you without warrant, then a defence may be raised based on (s.8) (unreasonable search and seizure).

Another crucial section in these cases is s. 11 (b) which is the right to be tried within a reasonable time and the entitlement to full disclosure (s.7, fundamental justice). This is in addition to studying prosecution evidence and cross-examining Crown witnesses.

One of the primary facets that need to be established in your case is proof of offence. Our experienced impaired driving lawyer will undertake several procedures to evaluate whether all laws have been strictly followed. Apart from the essential elements such as time and date, the identity of the accused and the jurisdiction, the officer should also have reasonable grounds to suspect that the accused impaired ability is caused by the consumption of alcohol or drugs.
In addition, it should be determined whether the accused had been in control of the vehicle over the past three hours. In this case, a demand can be made for physical coordination tests to check for sobriety. Based on these tests, a further demand can then be made for an approved instrument check, a blood test or one for drug evaluation. An experienced driving impaired lawyer will seek to determine whether all the legal procedures were followed before the DUI charges are imposed.

The Professional Evidence Evaluations Conducted By An Impaired Driving Attorney

The process of confirming the impaired driving offence is also carried out by our driving impaired lawyer to determine if the laws in this regard have been followed. For proving that Blood Alcohol Concentration (BAC) was above the limit of 80mg in 100ml of blood, the first sample should have been drawn as soon as possible and in any case not later than 2 hours after being pulled over. Subsequent samples should have been taken in 15 minutes intervals. For breath samples, an approved instrument should have been used and operated by a certified technician whose report will be placed on trial.

Hire An Elite Impaired Driving Lawyer in Hamilton

For defence against impaired driving charges in Hamilton, get in touch with us. DUI cases are amongst the most litigated in Hamilton courts and we have consistently shown successful results in defending our clients off these charges. Our team of lawyers has vast experience and professional expertise in this field. To learn more about our outstanding services, give us a call.