Hamilton DUI Conviction Defence
Drinking and Driving Conviction Defence Lawyer in Hamilton
Due to the severe and harsh punishments handed out to Hamilton DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer.
What To Do When Faced With a DUI Offence in Hamilton, ON
A DUI Conviction (Driving under the Influence) can be disastrous for your future and a traumatic experience for first time offenders. Those proved to be guilty have severe penalties and fines imposed on them. In Ontario these punishments are enacted by both the acts of Parliament and those of the Provincial Assemblies. Hence the actual penalty may be different in Hamilton, Ontario but wherever the incident may take place the consequences can be extremely ruinous.
If you are slapped with a DUI offence, your first step should be to get in touch with an experienced Hamilton DUI lawyer. Our defence attorneys have a proven track record in these cases and can help evade a conviction and the consequent harsh penalties. Our team of lawyers will fight your case on technical grounds based on evidence collected from the site and from the cross-examination of prosecution witnesses. Call us immediately if you are interested in preventing a drinking and driving conviction.
Hamilton DUI Offence Laws - Points To Consider When Challenging a DUI Conviction
There are many aspects of a DUI criminal offence that we need to consider. Section 253 (1) states that every one commits an offence who operates a motor vehicle or vessel 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.
A police officer can charge you when she/he has reasonable grounds to believe that drugs or alcohol impaired your operating ability and that you are beyond the limits of sobriety. You can be put through physical coordination tests, and if you are found to be impaired, then blood and urine samples and breathalyzer tests will be taken to substantiate the DUI offence further.
Do Not Hesitate To Contact Us If You Are Facing A DUI Conviction in Hamilton
Types Of DUI Charges:
Consequences Of A DUI:
Extreme Drinking and Driving Offences in Hamilton, Ontario
This is the over 80 offence. An accused is charged with this offence when the Blood Alcohol Concentration (BAC) in the body exceeds 80mg for a 100 ml blood sample. However, for a DUI conviction, there are some procedures that need to be thoroughly followed by the authorities.
Each sample has to be taken as soon as possible after the incident with the first sample being taken not later than two hours. Thereafter, subsequent samples should be taken at 15 minutes intervals. The sample has to be directly taken in an approved instrument operated by a certified technician. The reports of the analysis made by the technician are admissible during trial. Our Hamilton DUI Lawyer goes through all these procedures and will ensure that none are overlooked.
Fines and Punishments in Hamilton For a DUI Conviction
The minimum quantum of punishments for a DUI conviction are:
- For a first offence DUI, 12-month driving probation, and a $1000 fine.
- For a second offence DUI, 24-month driving probation, and 30 days jail sentence.
- For a third DUI offence or more, 36-month driving probation and 120 days jail sentence.
However, it is different if bodily harm or death has been caused due to impaired driving. In such cases;
- If a prosecutor has opted for a summary conviction and no one is killed or hurt, the maximum sentence is 18 months of jail time.
- If a prosecutor has opted for indictment and no one is killed or hurt, the maximum sentence is 5 years of jail time.
- If a person has suffered bodily harm because of the DUI offence, the maximum DUI sentencing is 10 years of jail time.
- If a person is killed because of the offence, the maximum sentence is life imprisonment.
Proven Strategies to Prevent a Drinking and Driving Conviction in Hamilton, ON
For drinking and driving offences, we present a defence that is largely based on technical grounds. Our main strategies that help us win is investigating whether the police officer violated any Charter Rights and whether the breath or blood sample analysis was carried out on approved instruments and within the set time frames as laid down by the law. We also gather firsthand evidence from the site of the incident to collate with that of the prosecutor and point out discrepancies if any.
If you are dealing with drinking and driving offences get in touch with us immediately for professional advice, consultation services and defence at trial.