In Toronto, having a criminal lawyer is essential for individuals facing criminal charges. This is specifically the case for people charged with impaired driving. A good lawyer, therefore, utilizes different tactics to challenge them. In addition, they prevent the accused from being convicted or from receiving very light sentences. Below, we discuss six such tactics.
- Challenge the Traffic Stop
The police must show reasonable cause for stopping any vehicle. Otherwise, the stop will be deemed illegal. The court may decide not to admit any evidence obtained as a result of an unlawful stop. This can be used effectively in cases involving impaired driving charges. A criminal defence representation in Toronto examines closely whether the stop was carried out in accordance with the rules. In doing so, they examine police records and videos. If the stop is found to be a Charter violation, the strength of the case diminishes.
- Question Testing Accuracy
Breath tests must be conducted accurately. The breath testing instruments must be properly calibrated. If this is not the case, the results cannot be trusted. The team also looks into whether the test was conducted at the right time and place. Blood tests for illicit substances are scrutinized similarly.
- Use Charter Rights Challenges
The Charter provides for essential rights and freedoms, such as the right to be allowed time to contact one’s lawyer. During an arrest, the police must be careful to respect these rights. If not, even the substantial evidence in the case can be thrown out. In an impaired driving case, the right to a lawyer who will represent the accused at the police station is essential. A well-experienced and knowledgeable lawyer will identify these matters very quickly.
- Mount the Last Drink Defence
Sometimes, folks happen to have a drink right before driving, and their blood alcohol actually rises after the stop. This is the last drink defence. It states that the level was low during the drive. With impaired driving charges, a case can be made by this method if there is evidence of recent drinking. The courts allow it with the proof present. This tactic has been used to avoid over 80 convictions. The lawyers in Toronto frequently use it successfully.
- Attack the Signs of Impairment
When officers write the report, they describe such signs as slurred speech or unsteady balance. These are very subjective. Here, lawyers challenge them. Some medical problems can imitate impairment. The use of witnesses or videos can help disprove the claims. For drug charges, changing laws support defences. Proper criminal defence lawyers use the facts to their advantage in these situations.
- Talk with the Prosecutors
Not all cases go to court. The lawyers talk to the Crown attorneys. They are always on the lookout for plea-bargain opportunities in which the charges are minor. This means fewer penalties. It is pretty much the case for first-time impaired driving offenders. It also means that there is no full trial and hence, no conviction. Time and the stress factor are what people save by doing this in Toronto. The experienced ones get the best deals.
Conclusion
These different ways are proof of how powerful criminal defence in Toronto can be. When it comes to an impaired driving case, a lawyer should be your first point of contact. They will review your case and select the most suitable ones. As a result, the chances of success will be much higher. Don’t delay if you want to save your rights.
