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We offer the most affordable rates when it comes to these types of charges. Much less then most
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1. “LAST DRINK” DEFENCE
The police sometimes arrests a driver very shortly after the driver had his or her last drink. Such
cases are often heard, for example, in Brampton court and in Scarborough (at 1911 Eglinton Avenue
East) court because local municipal police (Peel regional police and 42 division Toronto police)
closely monitors drinking establishments and actively investigates drivers who depart from it. The
defence’s argument works as following: alcohol consumed shortly before the stop is not yet in the
accused’s blood at the time of driving, but it would be in blood at the time of breath tests later at the
station. It is only a crime to drive with over 80 in your blood, not in your stomach. It makes breath
tests results open for challenge.
2. “TWO DRINKS” DEFENCE
This defence, also known as Carter defence, is available when the time between the traffic stop and
the first intoxilyzer test is more than two hours.
3. LATE ASD DEMAND
An approved screening device demand must be given to you as soon as reasonable. So if the officer
does not have the device is his or her car and radios for it to be brought to the scene, meanwhile
leaving you wonder why you are not allowed to leave, the Crown’s case may be in mortal danger
4. NO RIGHTS TO COUNSEL AT ROADSIDE
You are entitled to speak to a lawyer at your earliest opportunity. If this opportunity happens to be
right on the scene of the stop, for example if the police is waiting for their sergeant to arrive, and you
are not connected to a lawyer, it may be a complete defence against an Over 80 charge
5. OFFICER NOT TRAINED TO OPERATE ASD
Sometimes the officer who administered the roadside screening device (usually it’s a Drager Alco
test 6810) cannot explain to the judge how this procedure should properly be done. It may allow a
Charter challenge with a view to exclude the samples.
6. ARREST WITHOUT RPG
If the judge finds that you were arrested without sufficient reasonable and probable grounds (RPG),
your breath readings may be excluded from the evidence. RPG for arrest for impaired ought to
contain sufficient indicia of impairment. RPG for arrest for an Over 80 should flow from a properly
administered approved screening device.
7. 10B BREACH
Your rights to counsel are very important in any Over 80 case. If you were not connected to counsel
of your choice and the police did not take reasonable steps to accommodate you, te breath readings
may be excluded.
8. NO PROPER BREATH DEMAND
Samples of breath must be taken pursuant to a proper breath demand. If the officer forgot to read
the demand to you or read the wrong demand, the court may disregard the breath samples
9. SAMPLES TAKEN NOT ASAP
In many Over 80 cases the samples must be taken as soon as practicable in order for the police to
use them. Delays in taking the samples occur frequently and they may be fatal to the Crown’s case
against you.
10. TOX REPORT NOT ACCURATE
In many cases the crown fully relies on their expert toxicologist. However it is not uncommon that the
communication between the Crown (or the police) and their expert is ineffective. A knowledgeable
lawyer should be able to use it to destroy the Crown’s case.
11. INTOXILYZER OPERATED OR MAINTAINED IMPROPERLY
In some cases there is evidence that the intoxilyzer machine used for taking your breath samples
has not been properly maintained or properly operated. These cases are highly technical and often
involve one or two experts. If the judge agrees that the machine cannot be trusted, the samples will
be excluded and the case will be dismissed.
12. IMPAIRED – INDICIA – CONTRADICTIONS BETWEEN OFFICERS
This is a classic situation: different police officers describe your indicia of impairment differently. One
officer says you stumbled, another says you were swaying. The officers are expected to be
observant and to take accurate notes on these important points. Contradictions may leave the judge
in doubt about whether you did look impaired. See how it worked successfully in one of my cases.
13. ID
This defence is in play whenever the police did not find you behind the wheel. Typically it happens in
post-accident situations. The Crown will need to prove that you were the driver. A complex set of
rules applies to the admissions that you may have made. A lot of them can be excluded from
evidence. Ask me how it worked in several of my cases.
14. 11B
This defence is based on a premise that you are not supposed to be left in a state of indefinite
uncertainty about your fate in the face of outstanding charges. Section 11(b) of our Charter of Rights
guarantees it. See how it worked in a few of my cases, saving my clients from convictions in most
desperate cases with high readings, significant visible impairment and accidents.
15. CERTIFICATE NOT SERVED
In a vast majority of Over 80 cases the Crown will attempt to rely on the Certificate of Qualified
Technician to prove your blood alcohol content. The Crown would then have to prove beyond a
reasonable doubt that you were properly served with the certificate. Should they fail to do so, it may
present a complete defence.
If you or a loved one has been charged with DUI contact us today. We have a proven track record
when it comes to these types of charges. Call us today (647) 490-7660
Please visit our website by clicking the link in the About section. You can find
information on the topics below.
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L4B 3P8 (647) 490-7660 Voice Only. For Whats App please visit on line for other
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