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.
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.
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.
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.
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).
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.
