Just because you have been charged with impaired driving or blowing over the legal limit, you are not automatically guilty of this offence!
Impaired, Over .08%, and Refusal charges are multifaceted and involve the application of technical legal concepts and sections of the Criminal Code of Canada.
Police officers must follow specific protocols and conduct their investigation in accordance with the law when interacting with an accused impaired driver both at the roadside, and later at the police station. From the moment you are pulled over at the roadside until the time you are released from police custody, the police must fully comply with legal procedure and protocol.
There are many defences to these charges that can result in your charges being stayed (dropped) before a trial, or may result in a finding of not guilty after a trial.
The Charter of Rights and Freedoms is designed to protect the public when they deal with the Police.
You have the right to be protected against an unreasonable search of your person or vehicle, or an illegal seizure of your breath or blood samples. You also have the right to not be arbitrarily detained by police. You have the right to speak with a lawyer before you make the determination to provide samples of your breath or blood to police.
Mr. Wolson knows the law, and how to use it to your advantage to defend against this charge. Contact him now if you have been charged with an impaired driving related offence, to schedule a free consultation to carefully review your case.
1st offence
$1,000+ fine; and1 – 3-year driving prohibition
2nd offence
0 days jail; and2 – 5-year driving prohibition
3rd offence
120 days jail ; and not less than 3 year driving prohibition
