Impaired Driving in Ontario / Over 80
We have all heard the old expression “getting off on a technicality” With respect to drinking and driving offences (also called DUI), Parliament has removed all but the technical defences, and it is imperative that your impaired driving lawyer is familiar with all the technicalities of the drinking and driving law. The Criminal Law Team has extensive experience representing clients charged with impaired driving, impaired driving causing bodily harm, impaired driving causing death, and over 80. We are prepared for the recent changes to the criminal code that require us to attack the integrity of the monitoring and servicing of the breathalyzer machine.
We have access to the most experienced and respected forensic toxicologist who has testified for the defence in thousands of drinking and driving cases. Although the new legislation has removed a number of defences that were previously available, the door has been opened to attacking the sometimes sloppy protocol followed by breathalyzer operators who are supposed to know what they are doing, but, many times, have not been properly trained in the operation and maintenance of the breath machine. We have succeeded in obtaining extensive documentation from the prosecution that reveals, for example, that the computer software that is the brains of the breathalyzer machine has been compromised.
Our approach is to request disclosure of a number of documents that may expose the weaknesses in the operation and maintenance of the machine. We also do an extensive interview of our clients, wherein it may be revealed that, for example, our client’s right to counsel may have been violated if there was an appreciable delay in the taking of the roadside test. Our expert witness is also familiar with the technical way in which to attack the breathalyzer machine if our client suffers from acid reflux, or if, for example, the client works with toxic substances that may interfere with the proper working of the machine. In the right circumstances, we can also arrange for you to obtain your driver’s licence back early if you enter the ignition interlock program.
Contact The Criminal Law Team to discuss your case. We have the expertise and the experts to help your case. See what our other clients are saying about us. We can help you too!
