Trusted DUI Lawyer Mississauga? Expert Legal Guidance
Facing a DUI charge in Mississauga? Don’t go through this alone. Our experts at Legal Access can guide you the right way. Contact us now for immediate assistance!
DUI Lawyer Mississauga: Never Plead Guilty to an Impaired Driving Charge
The following guidance was created by practicing and former criminal defense lawyers with extensive experience in successfully representing people charged with impaired driving.
If you are charged with an impaired driving charge for the first time and you plead guilty, you will likely receive a one-year driving prohibition and a fine of about $1,300. The most significant consequence, however, is a criminal record (presumptively for life). If you do not plead guilty and are instead found guilty by a court, you would receive the same sanction. Accused people are entitled to run a trial, and with impaired driving lawyer Mississauga charges, there is no penalty for doing so. Therefore, there is no incentive to plead guilty to an impaired driving charge.
Why Avoiding a Criminal Record is Crucial
Avoiding a criminal record should be the primary concern of anyone charged with an impaired driving matter for the first time. Unlike many offences in the Criminal Code, drunk driving lawyer Mississauga matters have mandatory minimums. For most other summary offences, the standard sanction for a first-time charge would be probation followed by a discharge, meaning most people will not be left with a criminal record.
Impaired driving matters are an exception, and if you plead guilty, you will have a criminal record. However, there are many ways you can avoid a record if you have an experienced DUI lawyer Mississauga.
Strategies Our DUI Lawyers Mississauga Use to Fight Your Charges
1.Challenging the Crown’s Case: The ideal way to avoid a criminal record is if your DUI lawyer Mississauga convinces the Crown that there is no realistic prospect of conviction. If this is achieved, the Crown has a duty to withdraw its DUI charges Mississauga.
2.Negotiating a Lesser Included Offence: The second-best case scenario would be if your drinking and driving lawyer Mississauga could convince the Crown to allow you to plead to a lesser included offence in exchange for a withdrawal of the impaired charges. If the Crown allows you to plead to dangerous operation of a motor vehicle or public nuisance, for example, there are no mandatory minimums for these charges. This means you could go through a term of probation and then have the matter wiped off your record (discharged).
Protecting Your Rights: Charter Challenges in DUI Cases
Unreasonable Delay and the Charter
The courts and Crown across Canada have experienced a backlog since the COVID-19 pandemic. This, combined with the fact that pursuant to the Charter of Rights and Freedoms, everyone in Canada is entitled to a trial without unreasonable delay, means that in some circumstances, an accused could get their matter withdrawn or acquitted based on delay alone.
Crucial Timing: An accused person can only rely on a delay argument if they have not caused the delay in hiring a lawyer. For this reason, it is important to hire an experienced DUI lawyer Mississauga as soon as possible after you are charged.
Right to Counsel and Unlawful Arrest
Upon arrest, accused people have many rights pursuant to the Charter, including the right to counsel without delay. It is important to exercise this right immediately, because the lawyer’s advice could mean the difference between you getting a criminal record or not.
Accused people are also entitled to be free from an unreasonable arrest or detention. If the police do not have reasonable and probable grounds at every stage of your arrest and detention, a top DUI lawyer in Mississauga could argue that this violation means that any evidence obtained should be ruled inadmissible in court.
If a DUI lawyer Mississauga applies this argument to your breath sample at the police station, for example, the police would have little or no admissible evidence to form the basis of an impaired driving charge.
Disclosure and Evidence: The Key to Challenging DUI Charges
Challenging Breathalyzer Evidence
Whenever you are charged with a criminal offence in Canada, you are entitled to disclosure. Disclosure is the material that the Crown has that they intend to use against you, and other information that you may be able to use for your defence. For example, the Crown has to provide documentation regarding the functioning of the machine relied on to measure your blood alcohol concentration (BAC).
If your defense team can demonstrate that the Crown cannot prove beyond a reasonable doubt that the machine was properly calibrated and administered by a properly certified data master technician, then this should result in a withdrawal or acquittal of your DUI charges Mississauga.
Full Disclosure Entitlements
Accused people are entitled to much more disclosure than just breathalyzer documentation. You are entitled to any audio that exists, including dispatch or 9-11 audio, as well as any audio or videos from the police station. You are also entitled to witness statements and all police notes.
Expert Defenses Used by Top DUI Lawyers Mississauga
The burden is on the Crown to prove all of the essential elements of the offence beyond a reasonable doubt. Most obviously, the Crown has to prove that the accused person was impaired while they were operating a motor vehicle.
When Operation is in Question (Post-Driving Consumption, Care and Control)
Sometimes the police encounter the accused when they are not operating a motor vehicle. One or more of the following arguments may be available in these circumstances:
A. Identity of the Operator: The Crown cannot prove that it was, in fact, the accused who was operating.
B. Post-Driving Consumption: Even if the Crown proves that the accused was operating a vehicle earlier, consumption of alcohol took place after the driving. In this case, the blood alcohol level taken by the police does not reflect the alcohol concentration of the accused at the time of the driving.
C. Care and Control Cases: In some circumstances, the police discover an accused person in their vehicle, but the vehicle is not in motion. An experienced DUI lawyer Mississauga may argue that the Crown cannot prove that the accused was actually operating the vehicle, did not intend to, and also that there was no risk that the vehicle would have inadvertently been set into motion. The accused may have been avoiding the weather or, for another reason, intended to remain in their vehicle until they were sober, for example.
D. Emergency Circumstances: Although the defense of emergency circumstances is rarely available, in some situations, the law will allow impaired operations in circumstances of a genuine emergency.
Refusal of a Breath Demand
All other things equal, the sanction for a refusal is generally harsher than the sanction for impaired operation or impaired during care and control. Also, it is sometimes easier to beat an impaired driving charge than it is to beat a refusal. Therefore, it is always better to attempt to provide a sample if a legal request is made. For example, the police do not have to prove that you were impaired if you refuse.
If you are charged with a refusal, however, there are several ways that our DUI lawyers Mississauga have successfully beaten refusal charges, including but not limited to the following:
A. Unlawful Demand: Arguing that the breath demand was not lawful. If there is no evidence that you were impaired while driving and the police make a demand, this is not a lawful demand, and therefore, you should have an acquittal or withdrawal of your drunk driving lawyer Mississauga charges.
B. No Reasonable Opportunity: Arguing that the accused was not provided a reasonable opportunity to provide a breath sample. This argument is available, for example, if an officer provides a few opportunities and claims that the sample did not work because the accused is not trying. There is case law that says even after nine unsuccessful attempts, this may not be sufficient grounds to form the basis of a refusal conviction.
C. Change of Mind: If an accused person refuses a roadside screening (breath sample), but later speaks to a DUI lawyer Mississauga at the police station and discovers that they should provide a sample, they may then ask for an opportunity at the police station. If the police do not allow the breath sample, this should constitute the grounds for an acquittal or withdrawal of the charges.
Second or Subsequent Offences
Although a first offence carries a minimum driving prohibition, fine, and criminal record, a second offence carries a minimum punishment of 30 days in jail. There are ways to avoid jail time, however, with an experienced DUI lawyer Mississauga.
In addition to pleading to a lesser included offence, as described above, here are additional options:
A. Strategic Pleading: If both DUI charges Mississauga are pending, your impaired driving lawyer Mississauga could plead you to the second in time first. If this is done, when you are sentenced for the first one, it does not make sense to punish you harsher for something that has not yet occurred.
B. Time Lapse Argument: Convincing the Crown that they should not rely on the notice to seek an increased penalty because of the amount of time that has passed since the most recent previous offence.
Hiring a DUI Lawyer Mississauga
It is critically important that if you are accused of impaired driving, you call an experienced lawyer immediately. The DUI lawyers Mississauga that we help you get connected with have at least ten years of experience in successfully addressing impaired driving charges, care and control charges, and refusals. We are available 24/7 to offer a free consultation.
Understanding the Retainer Process
When you retain a lawyer, it is important that they step on the record. This means that they tell the Crown and the court that they are retained to represent you until the matters are complete. For this reason, a good lawyer is going to seek a retainer so that they know they will be compensated for their time if the matter goes to trial, for example. However, the money that you pay as a retainer is held in trust until your matter is resolved. If your matter is resolved without a trial, you are only billed for the time that your DUI lawyer Mississauga invoices, and the remainder will be returned to you. The retainer fee for a good and experienced lawyer is usually about $6,500 plus taxes.
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Why Choose Our DUI Lawyers Mississauga Network?
If you’re facing a DUI charge, having an experienced legal team on your side is crucial. Our consultancy expertise will connect you with a DUI lawyer in Mississauga who can provide a strategic defense to protect your rights and minimize penalties.
Expert DUI Defense: We are specialists in Canadian impaired driving law and are well-versed in the complexities of Ontario’s DUI laws.
Personalized Legal Approach: The conditions of each case are unique. That is why we tailor our defense consultation strategy to the specific requirements of your situation.
Proven Results: Our team of legal consultants has a successful track record. They have helped build the ideal defense strategies for numerous clients and their DUI lawyers Mississauga against DUI charges.
Negotiation & Litigation Skills: Our team offers support to DUI lawyers with a level of expertise that can help reduce charges, negotiate plea deals, while also having cases dismissed.
24/7 Legal Support: DUI charges can occur at any time. Our experts are available on a 24/7 helpline to provide immediate legal assistance at your time of need.
Connect With Our Impaired Driving Lawyers Mississauga
Address: 2025 Corydon Ave #162, Winnipeg, MB R3P 0N5, Canada
Tel: 1-888-402-9555
Email: info@legalaccess.ca
Timing: 24 hours a day, 7 days a week, for 365 days
Frequently Asked Questions
What Happens After a DUI Arrest in Mississauga?
After your arrest, you will be charged, and you will also be given a court date for your hearing. It is now that contacting a DUI lawyer in Mississauga immediately can be of aid to you. However, you need to keep in mind that you do not make any statements to the police without your lawyer present.
Can a DUI Charge Be Reduced or Fully Dismissed?
There are certain situations that may cause DUI charges to be reduced or dismissed. These situations may occur in the event of procedural mistakes, legal errors, or if there’s a lack of sufficient incriminating evidence.
In Case of a DUI Charge in Mississauga, Will I Lose My Driver’s License?
In the case that this is your second or repeat offense, a DUI conviction can often result in a license suspension. However, if your DUI lawyer Mississauga has sufficient experience and expertise in this subject matter, they might come up with alternative options for penalties.
How Long Does a DUI Case Take?
The duration depends on the complexity of your case. However, most DUI cases may take a few to several months to resolve.
How Can a DUI Lawyer Help Me?
A DUI lawyer Mississauga can challenge evidence, negotiate reduced penalties, and work to protect your driving privileges.
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