Hamilton Driving Under the Influence Defence
Defence Against Driving Under the Influence Offences in Hamilton
Due to the severe and harsh punishments handed out to Hamilton DUI offenders charged with driving under the influence, it is always advisable to contact an experienced and reliable DUI Lawyer.
What To Do If Charged With Driving While Under the Influence in Hamilton, ON
The laws relating to driving under the influence in Hamilton are very strict and convictions result in stiff fines and penalties. These offences are among the most litigated in the courts of Hamilton, Ontario and are contested on highly technical grounds. The defence is mainly based on evidence collected from the site of the incident and the accounts of eyewitnesses.
There are various aspects that we consider when defending our clients in courts. We have a team of experienced attorneys who are well conversant with defending these cases in Hamilton and we have a high degree of professional expertise to do so. It is always important to remember that speed is of the essence when it comes to the collection of evidence thus; it is advisable to contact us as soon as possible after being charged for infringement of driving under the influence laws.
Hamilton Laws Regulating Driving While Under the Influence Charges
The main section related to driving while under the influence is 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 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 in two specific instances.
253 (1) (a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired due to alcohol or drugs; and
253 (1) (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.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Hamilton
Types Of DUI Charges:
Consequences Of A DUI:
DUI Driving Under the Influence in Hamilton, Ontario
The essential factors of establishing evidence for DUI driving under the influence are primarily time and date of the incident, identity of the accused and jurisdiction of the courts. Under 253 (1) (a) an officer can act with reasonable suspicion that the accused is impaired and is driving under the influence of either drugs and/or alcohol. A case of impairment due to drugs is rather complicated and requires the professional opinion of a drug recognition expert.
Over 80 Driving Under the Influence Law in Hamilton, ON
In this case, it has to be established that the Blood Alcohol Concentration (BAC) of the accused is over 80mg for 100ml of blood. Drawing of blood samples has to follow a set pattern. The blood samples must be taken as soon as possible after the offence and should not in any case be later than 2 hours of the incident. Moreover, there should be a 15 minute interval between subsequent samples obtained. All these are clearly outlined in driving under the influence laws.
Breath samples must also collected using a calibrated approved instrument handled by a certified technician whose evidence is admissible in court. The instrument displays “fail” for over 0.1%, “caution” between 0.05% and 0.1% and a numerical value below 0.05%.
Fines for Drinking and Driving under the Influence in Hamilton
The fact that Canada is a Federal State means that the laws related to driving under the influence are enacted both by Parliament and Provincial Assemblies. Therefore the fines and punishment may vary depending on the province. However, the minimum quantum for punishments are:
- For a first offence, 12-month driving probation, and a $1000 fine.
- For a second offence, 24-month driving probation, and 30 days jail sentence.
- For a third or subsequent offence, 36-month driving probation and 120 days jail sentence.
Choose An Elite Hamilton DUI Lawyer To Fight Your Driving Under the Influence Charges
Our experienced impaired driving lawyer has successfully defended clients in drinking and driving under the influence cases in courthouses all across Hamilton, Ontario. Our investigators will often visit the scene of the incident to get firsthand information on the case. This helps us to counter prosecution evidence and cross-examine crown witnesses. We also rely on the Charter of Rights and its various sections to build our case. The different strategies that we’ve used have always been successful in the courts of Hamilton, Ontario. Give us a call to learn more about how we can defend you against driving under the influence offences.