Impaired Driving, Drive over 80mgs, Fighting a Drinking And Driving Charge

Impaired Driving, Drive over 80mgs, Fighting a drinking and driving charge. The severe penalties for impaired driving offences, and drinking and driving offences affect not only the accused driver, but the accused's family, the ability to earn an income, and right to drive.

Should you fight an Impaired Driving, drinking and driving charge? The answer may be that you have no choice.

When you consider the mandatory penalties involved for an Impaired Driving, Drive over 80 Drinking and Driving Conviction, if you need to drive to earn an income, or drive to get to work, you have to dispute any drinking and driving charge.

The costs imposed by the Ministry of Transportation of over two thousand dollars to get your licence back, and the insurance implications mean that a conviction for a drinking and driving offence can cost the driver over fifty two thousand dollars ($52,000.00).

Impaired Driving - Drinking and driving financial costs

Fine	600-1000 dollars
Licence Reinstatement fees	300 dollars
Back on Track fee	475 dollars
Interlock device	1,500 dollars	For one year
Insurance rate increase	10,000 dollars	For five (5) years = $50,000

These costs alone can justify the cost of disputing an impaired driving charge and hiring a lawyer.

Although impaired driving - drinking and driving cases may sound straight forward and simple, there are many obstacles that the prosecution and the police have to prove to register a conviction.

As with any Canadian Criminal charge, the police and the prosecution have to prove the case beyond a “reasonable doubt” before for a conviction to impaired driving can be entered.

The trial Judge has to be satisfied that the accused committed the offence beyond a reasonable doubt. If there is any doubt in the Judge's mind as to the guilt of the accused, the Judge has to award it to the accused and find the person not guilty. Meaning, if a Judge says to himself, I'm seventy five percent sure the accused committed the offence of impaired driving but I have a twenty five percent doubt in my mind, he/she should dismiss the charge.

Call OTT Legal to discus your impaired driving at 1-888-668-8946 right now.

The defense lawyer does not have to disprove all of the prosecution's case, or find the accused completely innocent of impaired driving. The defense lawyer must shed or create reasonable doubt in the Judge's mind regarding the offence. If the trial lawyer can do this or bring any of the Crown's case into disrepute, then the Judge should dismiss the impaired driving charge.

As well, the Police are required to do their job properly and legally. The police have make a proper arrest, read you your rights, make required demands for breath samples, privacy issues with the lawyer at the Police station, and prepare the paper work and the case appropriately. If any evidence by the police is obtained illegally, or improperly it should not be used against the accused. Our criminal lawyers can go over many other issues that are vital to the case against the accused.

No impaired driving or drinking and driving case is totally hopeless! The Police and Prosecution do not win every case that is presented to the courts.

Until the trial date, and until the evidence is given to the Judge, no one can say what is going to happen in court. You should call 0TT Legal to discuss your case at 1-888-668-8946. There are numerous issues that must be proven beyond a reasonable doubt to find a person guilty of an Impaired Driving or Drinking and Driving offence. That's why you need the professional services of OTT Legal Services you win your impaired driving charge.

Ways of Winning - Drinking and Driving Charges

Police Investigations
Impaired Driving - Drinking and driving, did the officer do everything properly and legally?

During the police investigation the police officer has to do their job properly. If any of the follow have not been done properly the driving and driving charge can be dismissed at court.

Did the police officer have proper grounds to stop and investigate the driver
Did the police officer make a proper demand for breath samples
Did the police officer make a proper arrest
Did the police officer read the accused their rights to counsel
Was the breathalyzer test taken within a reasonable time
Was the breathalyzer test taken within 2 hours of the time of the offence
Was the accused given privacy to speak with legal counsel
Did the police officer complete all the necessary paperwork properly
Did the police officer properly serve written notice of the intention to use documentary evidence against the accused properly
Does the police officer appear in court
Is the police officer able to properly give evidence in a criminal trial
Can the police officer prove the who, what, when, where, and how of the case

Crown Attorneys Office
As well as the police being required to do everything properly for an impaired driving - drinking and driving case, the crown attorney's office as a similar mandate in preparing the case and presenting it to the Judge. If the crown attorney cannot present the case to the Judge and present a "prima facie" case, with all the facts properly prepared, the Justice may dismiss the case.

Has the crown attorneys office properly prepared the case
Can the case be proven in a court of law
Are all the witnesses present
Is all the paperwork for the charge in court and is it properly prepared
Are there any legal or constitutional issues that are going to be raised
Are there any personal or background issues that need to be considered i.e. physical or mental health
Is the court system able to schedule a trial within a reasonable time

As such there are many issues as these and others that can arise to help OTT Legal to win your impaired driving - drinking and driving at trial. Call OTT Legal at 1-888-668-8946.

OTT Legal Services offers a free consultation with one of our former police officers with actual drinking driving and impaired driving experience to discuss your case. We can go over the case with you, point out any of the issues and give you a honest realisic opinion about how your impaired driving case with proceed in court, and how we can help you.

Having investigated, appeared in court and represented hundreds of persons charged with drinking and driving offences OTT Legal has the experience and qualifications to win your case.

If there is anyway of winning your case, you'll know that OTT will find it. We are the winning law firm for Impaired Driving and Drinking and Driving offences in Ontario.

Why Risk Losing? Call For a Free Consultation 1-888-668-8946 or Email Your Request