DUI Lawyer Brampton

In cases of drinking and driving, it is often possible to mount a defence by demonstrating that law enforcement or other authorities violated your rights as set forth in the Canadian Charter of Rights and Freedoms.  This is a common strategy for fighting a dui charge brampton.

If any of these rights are breached before breath tests or other evidence collection, it may be possible to exclude that evidence and obtain an acquittal on a charge of impaired driving, over 80, or refusal to provide a sample. This is particularly important when dealing with a first time dui in brampton case.

Take a look at the rights below. 

• Right to Be Secure Against Unreasonable Search or Seizure – Section 8

Section 8 of the Charter protects against unreasonable searches and seizures. Breath samples obtained by police at the station qualify as a seizure. To lawfully seize these samples, police must have reasonable grounds to believe an individual has committed a DUI Brampton offense. 

Generally, a “fail” on a roadside screening device, coupled with other signs of impairment, provides reasonable grounds for arrest.

For the evidence to be admissible, the device used must be shown to be in proper working condition. 

If police relied solely on a “fail” from a malfunctioning device, the DUI lawyer in Brampton whom we’ll connect you with could rule the seizure unreasonable, excluding subsequent breath-test results. 

Similarly, for impairment-related arrests, signs such as speeding, lane weaving, alcohol odor, and red eyes are typically sufficient. An arrest based on minimal indicators (e.g., speeding and an alcohol odor alone) may be deemed unreasonable.

• Right Against Arbitrary Detention – Section 9

Under Section 9 of the Charter, every individual has the right not to be arbitrarily detained. 

When police conduct a stop, it constitutes a detention. Police are only authorized to stop an individual if they have an “articulable cause”. It refers to a set of objective and identifiable facts that reasonably support a suspicion of criminal activity. 

A mere suspicion or a “hunch” is insufficient, even if it later proves accurate.

However, some laws permit random stops to check for driver’s licenses, insurance, sobriety, and vehicle safety, which the Supreme Court of Canada has upheld due to their role in detecting impaired drivers. 

For defence, if police stop you based on an unrelated suspicion (e.g., concealing weapons) and subsequently charge you with a DUI after detecting alcohol, the evidence obtained may be excluded on grounds of arbitrary detention.

• Right to Counsel – Section 10(b)

Section 10(b) of the Charter guarantees the right to counsel upon arrest. Before any breath tests, you must be informed of this right and allowed to speak to a lawyer without delay. 

If the DUI lawyer in Brampton that we’ll connect you with detects any breaches of this right, it can lead to the exclusion of breath-test results for your dui charge brampton.

• Indicia of Impairment Defences

In DUI cases, the Brampton DUI lawyers we connect you with can argue against the prosecution’s case by presenting various indicia of impairment defences. Here are some common defences that the lawyers we will connect you with will consider:

Field Sobriety Tests: They can challenge the administration and accuracy of FSTs. Their arguments may include improper training of the officer administering the tests, conditions that may have affected performance (e.g., weather, surface, footwear), and/or medical conditions or physical disabilities that impair balance or coordination unrelated to alcohol or drugs.

Breathalyzer and Blood Tests: The DUI lawyer in Brampton that we’ll connect you with will argue that the testing equipment was not properly calibrated or maintained, leading to inaccurate readings. Alternatively, for blood tests, the lawyer can challenge the collection and handling of blood samples, including chain of custody issues and the presence of contaminants.

Time Between Arrest and Testing: If there was a significant delay between the time of driving and the time of testing, the Brampton DUI lawyer we provide you with may argue that any impairment could have dissipated by the time the test was administered.

Subjective Observations: The DUI lawyer in Brampton that we’ll connect you with will challenge the officer’s subjective observations of impairment, such as slurred speech or bloodshot eyes, which can also be caused by other factors (e.g., allergies, fatigue), or driving behavior that may not indicate impairment (e.g., careful driving).

Medical Conditions: The Brampton DUI lawyer will present evidence that the individual had a medical condition that could mimic signs of impairment, such as neurological disorders, diabetes or low blood sugar, or other medical issues affecting balance or coordination.

Inaccurate DUI Indicators: Your lawyer, whom we’ll connect you with, will also challenge the indicators of impairment noted by the officer, such as misinterpretation of behavior due to anxiety or stress.

Deficient Evidence of Driving: The DUI lawyer in Brampton that we’ll connect you with will argue that there is insufficient evidence that the defendant was actually driving the vehicle while impaired. For example, they can argue that the vehicle such as the vehicle was parked, and the individual was not in operation at the time of the officer’s arrival.