Impaired Driving Lawyer In King, Ontario
By Space Coast Daily // June 25, 2021
If you’ve ever seen the red and blue lights flare up behind you as you’re behind the wheel, you probably know that it can cause some anxiety. It can even cause more anxiety if you’ve had a few drinks beforehand. If this has happened to you, you’re definitely going to want to find an impaired driving lawyer in King, Ontario.
If you don’t get an impaired driving lawyer, you’ll without a doubt be charged with the full consequences of a DUI, and they are severe. You’ll most likely lose in trial and then have to face the harshest punishment available.
Contacting an impaired driving lawyer is one of the first steps you need to take after the situation occurs. You don’t just want to contact any lawyer, you’ll want one that is specifically experienced in the field of impaired driving. You might even want to ask what their success rate is in impaired driving cases just to see a rough idea of what your chances are in winning the case. and not being charged.
What Are The Laws Regarding Impaired Driving?
Section 253 (1) says that anyone who operates any type of motor vehicle while impaired commits a serious offense. Some people think that they’re immune to impaired driving charges if they’re operating a boat on a lake, but that’s not true. It also doesn’t matter if the boat or vehicle is in motion. You’re still considered to be operating it. There are two factors that are involved in impaired driving:
1. Has the person who operated the vehicle been impaired by drugs or alcohol?
2. Has the person consumed alcohol over the point of 80 milligrams in one hundred milliliters of their blood?
If you meet these criteria, then you could be charged with a DUI in King, Ontario, and basically anywhere else in Canada. You’ll want to contact a lawyer as soon as you can. Trying to defend yourself in court could be a nightmare for someone that isn’t aware of the law.
What Are The Different Kinds Of DUI Charges?
■ Driving impaired.
■ Refusing to give a breath sample.
■ Care and control.
■ Subsequent DUI offenses after the first.
■ Having a blood alcohol content of higher than 80 m.g.
What Are The Consequences Of A DUI?
■ You’ll have a lifelong criminal record.
■ You’ll have to serve time in jail.
■ Your driver’s license will be suspended.
■ You’ll have to pay some hefty fines.
■ You’ll face numerous travel restrictions.
■ Your income will be affected.
If you’ve been pulled over for a DUI, contact a lawyer for assistance. The first thing the lawyer will typically do is gather up all of the details surrounding the case.
They will see if all of the standard protocols were taken by the officer that pulled you over. Some of these protocols are:
■ Arbitrary detention.
■ Your right to be informed of your offense and why.
■ Your right to a lawyer.
In addition, you also have a right for your case to be tried in court in a certain period of time. You’re entitled to complete disclosure of what’s going on, as well.
If a police officer pulls you over and doesn’t have the warrant to search your vehicle, then your lawyer could bring up a defense about the unlawful search of your vehicle.
A Lawyer’s Approach
A skilled and experienced lawyer will use all of the facts and develop a case for you. They will use that case and determine if all of the protocols and laws throughout the entire process were followed. If the lawyer finds out something hasn’t been clearly followed, they can use that and pick it apart to include in your defense.
Your lawyer might make a point about the officer having sufficient evidence to prove that your ability was actually impaired by drugs or alcohol.
Another thing your lawyer might bring up is if you’ve been operating the vehicle throughout the last three hours when the incident occurred.
If so, there should have been a sobriety test done to see if your coordination was affected by alcohol. If that was done, there can be further scrutiny into the instruments being used in the test or blood test. Your lawyer will dig further into all of these different things in an effort to find a gap in the process that could potentially let you off the hook.
Lawyer’s Evaluation Of Evidence
Until people are proven guilty, they’re found to be innocent. As your lawyer picks through all of the evidence, they will check to see if every facet of the law has been followed along the way. In order for the blood alcohol content measurement to be reliable, it would’ve had to have been taken fairly soon after you consumed it.
If it’s after the two-hour point of consumption, then that could create an issue in the case for your benefit. Further blood samples also need to be taken within fifteen-minute interval periods. If a breath sample is involved, the instrument used for the breath sample needs to be approved of and used by a technician who is certified in using it because the report given from that will be used in the trial.
At the end of the day, you really just need to find an experienced lawyer that has your best interests in mind, and that can’t be stressed enough. Your future isn’t worth risking just to save some money. A DUI offense is a serious one that can cause drastic changes in your life, so you’ll want to do whatever you can to prevent those drastic changes from happening, and seeking a lawyer is the first step in the right direction.