Impaired Driving (by Alcohol or Drug)
Have you been charged with a DUI/DWI, Impaired Driving (Impaired Operation), Driving Over 80 mg (Excess Blood Alcohol) or Refuse (Fail to Provide) Breath Sample? If so, I can help you.
Charged with Impaired Driving (Impaired Operation)? You have a good chance of being found not guilty!
An Impaired Driving charge is much less technical in nature than an Over 80 mg or Refuse (Fail to provide) Sample charge, and you may be convicted of Impaired Driving based simply on description of your driving and physical state (if it is accepted by the judge on a beyond a reasonable doubt standard).
A classic set of physical criteria is often repeated by police from case to case. It includes smell of alcohol, glossy, red or blood shot eyes, blank stare, unsteadiness on feet, fumbling with documents, swaying, stumbling, slurry or incoherent speech, disheveled look etc.
Cross-examination of Crown’s witnesses, both police and civilians, is a very important tool, use of which would hopefully show the judge that certain elements of witnesses testimony are problematic and that there is a reasonable doubt as to whether your ability to operate a motor vehicle was even slightly impaired at the relevant time.
I had been caught smoking marijuana in my car and then I failed my coordination test at the station and was charged with Impaired Driving (Impaired by Drug). Can you help?
In this scenario the Crown is going to have a huge difficulty prosecuting you because they would need to prove that you were unfit to drive at the time that you were caught behind the wheel, rather than at the time of the test. Since the drug would take some time to enter your system, many judges would agree that there is a reasonable doubt with respect to your impairment, which would lead to an acquittal.
What’s Care & Control?
All of the above charges can flow not only from driving a vehicle but also from being in Care or Control. This is a somewhat separate area, that often allows for a defence which, if successful, would apply and lead to an acquittal on all of the above charges.
If you read that far, you hopefully realize that getting a lawyer who has experience in these matters is paramount for successful defence.