COVID-19, DUI, Police Treatment and the Charter
I’m Dan Joffe, Criminal Lawyer in Ontario. Iust want to do a short video on COVID, safety precautions all in the context of DUI charges.
Here’s a real client story…
So I had a client that was charged with a DUI with impaired. And when the client was pulled over by the Police, he was asked to give a breathalyzer.
He complied but now because of COVID and saliva regarding breathalyzer test, there obviously were safety precautions taken by the Police.
Now, let’s think about those precautions in the context of the Charter of Rights and Freedoms. I’ve done many detailed videos on the Charter of Rights and Freedoms and how this impacts your charges and the potential to get your charges withdrawn.
But in short, the Charter of Rights and Freedoms has specific rules that the Police must follow as they prosecute the case against you. And those rules touch every part of your case from the minute of your first interaction with the Police, all the way to the time that you leave the Police station. They need to follow, the police every rule, every step of the way.
How does COVID impact my DUI / Impaired charge in Ontario?
And those rules are complex and they become more complex over the years because of new laws and updated case law. And if the Police don’t follow those rules, there may be an opportunity to get your case withdrawn.
Now, the Police sometimes don’t even know those rules. And now with COVID, those safety precautions that they need to take, those precautions need to be taken in the context of these Charter rules. Which means that the Police’s job in doing this right has become that much more difficult. Which opens up opportunities to find mistakes and mistakes may lead to your charges being withdrawn.
