Hamilton Drinking And Driving Defence
Defence Against Drinking and Driving Charges in Hamilton
Due to the severe and harsh punishments handed out to DUI offenders charged with drinking and driving in Hamilton, it is always advisable to contact an experienced and reliable DUI Lawyer.
What To Do If You’re Caught Drinking and Driving in Hamilton, ON
There have recently been many drinking and driving convictions in Hamilton courts. This has contributed to drinking while driving becoming the largest single offence in Ontario. Drinking and driving cases are more likely to be sent to trial than any other criminal offence. The reason is that at trial, these cases are often contested on highly technical grounds based mainly on police violations where Sections 8, 9 and 10 (b) of the Charter of Rights and Freedom are cited in our client defence.
As a respectable Hamilton drinking and driving Lawyer, we have many years of experience in successfully defending our clients with driving and drinking charges. We have shown and assured consistent results, largely due to our vigorous cross examination of prosecution witnesses as well as our ability to target technical insufficiencies. Contact us immediately if you have been charged for drinking while driving in Hamilton, ON. The earlier you get in contact with us the better.
Drinking While Driving Charges in Hamilton for BAC Levels Exceeding 80mg
This, by far, is the most common of all drinking and driving charges in Hamilton, ON. A police officer can demand a person to provide breath samples into an approved instrument if there is reasonable ground to suspect that he/she has committed an offence under Section 253 within the last three hours due to alcohol intake. The cutoff level is 80 milligrams in 100 milliliters of blood and this evidence is used against you if taken to trial.
However, when defending our clients in Hamilton, we try to establish a through cross-examination of prosecution witnesses and presentation of other evidence proving that the taking of breath samples may have violated s8 (protection against unreasonable searches and seizures) of the Charter of Rights and Freedom. Hence we argue that the evidence should be excluded under s 24(2) of the Charter.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Hamilton
Types Of DUI Charges:
Consequences Of A DUI:
Additional Drug Evaluations When Charged with Drinking and Driving in Hamilton
When an road side evaluation indicates an over 80mg BAC, a police officer has reasonable ground to suspect that the offence committed within the previous three hours was also due to the consumption of drugs or a combination of drugs and alcohol. This is articulated under Section 253 and in this case a demand can be made on the accused to submit to an evaluation by the officer.
If the evaluating officer feels that the person is driving under the influence of alcohol or drugs, or a combination of both drugs and alcohol, an approved instrument demand will be made. There may also be a demand for blood and urine samples. It is also important to note that the statute also regards fatigue toxins as a type of drug.
Additional Sobriety Tests if Faced With Driving and Drinking Charges in Hamilton, ON
When a Hamilton police officer is in doubt as to whether a person has consumed alcohol or drugs and that he/she has been in control of a vehicle in the past three hours, a demand can be made for additional physical coordination tests to check for sobriety. Based on these tests, further demands can be made by the officer such as the demand for the use of more approved instruments, a blood demand or a drug evaluation demand after which the driving and drinking charges will be validated.
Use of Approved Screening Instruments if Accused of Drinking While Driving in Hamilton
Use of approved screening instruments is crucial for testing whenever one is accused of drinking while driving in Hamilton, Ontario. These devices are calibrated in a way that displays “fail” if the BAC is above 0.1%, “caution” if between 0.05 and 0.1 percent and a numerical value if the BAC is below 0.5%. Turning down a lawful demand for a breath test by a driver is a criminal offence unless a reasonable excuse to do so is given.
Choose An Elite Hamilton DUI Lawyer to Fight Your Drinking and Driving Charges
Whenever you are faced with driving and drinking charges, the best option is to get in touch with a Hamilton drinking and driving Lawyer. We have experienced drinking and driving defence attorneys who have consistently delivered favorable verdicts to clients with different driving and drinking charges in Hamilton, ON. Our investigative team will even visit the site of the incident to get first hand reports which helps us determine any inconsistencies in the prosecution evidence or disposition by witnesses. Contact us today for more information.
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.
Hamilton DUI Defence Attorney
