How To Beat a DUI Charge in Ontario. Lesson 2 – Police Treatment
- You’ve been charged with a DUI, and you believe the Police treated you badly.
- In this article, I will cover 5 things you need to know about whether you can get your DUI charge withdrawn because of Police treatment.
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1/ There are clear rules about treatment- These rules are laid out in the Charter of Rights and Freedoms.
- The Charter of Rights and Freedoms is part of the Canadian constitution.
- These rules protect all Canadian citizens from the actions of the government, which include the Police.
- If one or more of these rules are broken, that would potentially present an opportunity to beat or win your DUI case.
2/ Don’t get confused- I’ve spoken with many DUI clients who’ve said that they believe the Police did not treat them appropriately during their arrest.
- While you may have been treated rudely during your arrest, that in itself doesn’t violate the rules outlined in the Charter of Rights and Freedoms.
- Ultimately, do not confuse what you believe is disrespectful behaviour with violating the rules of the Charter.
3/ You can analyze the Police treatment here- To determine whether the Police treatment did break the rules, you need to review what happened,
- And the place to find out what happened is in the evidence.
- That evidence will be given to you in a disclosure package you should get at your first court appearance.
4/ Go deep into the details- In your disclosure, there should be details of what happened from the time you first interacted with the Police until you were released from custody.
- If the rules were broken, then those details should be in that timeline.
- It is possible that some details in the timeline are missing.
- If that’s the case, you should request additional disclosure to flesh out the details of the missing events in the timeline.
5/ Here’s what happens when a rule is broken- If the Police did break a rule, that would open an opportunity in your DUI case.
- That opportunity could undermine the evidence in the Crown’s DUI case against you.
- And that may result in the Crown reducing the penalty they will be seeking.
- Or, in some cases, they may withdraw the DUI charge completely.
- I’ve spoken with many DUI clients who’ve said that they believe the Police did not treat them appropriately during their arrest.
- While you may have been treated rudely during your arrest, that in itself doesn’t violate the rules outlined in the Charter of Rights and Freedoms.
- Ultimately, do not confuse what you believe is disrespectful behaviour with violating the rules of the Charter.
3/ You can analyze the Police treatment here- To determine whether the Police treatment did break the rules, you need to review what happened,
- And the place to find out what happened is in the evidence.
- That evidence will be given to you in a disclosure package you should get at your first court appearance.
4/ Go deep into the details- In your disclosure, there should be details of what happened from the time you first interacted with the Police until you were released from custody.
- If the rules were broken, then those details should be in that timeline.
- It is possible that some details in the timeline are missing.
- If that’s the case, you should request additional disclosure to flesh out the details of the missing events in the timeline.
5/ Here’s what happens when a rule is broken- If the Police did break a rule, that would open an opportunity in your DUI case.
- That opportunity could undermine the evidence in the Crown’s DUI case against you.
- And that may result in the Crown reducing the penalty they will be seeking.
- Or, in some cases, they may withdraw the DUI charge completely.
- In your disclosure, there should be details of what happened from the time you first interacted with the Police until you were released from custody.
- If the rules were broken, then those details should be in that timeline.
- It is possible that some details in the timeline are missing.
- If that’s the case, you should request additional disclosure to flesh out the details of the missing events in the timeline.
5/ Here’s what happens when a rule is broken- If the Police did break a rule, that would open an opportunity in your DUI case.
- That opportunity could undermine the evidence in the Crown’s DUI case against you.
- And that may result in the Crown reducing the penalty they will be seeking.
- Or, in some cases, they may withdraw the DUI charge completely.
What is the second lesson to beat a DUI charge in Ontario?
The second lesson to beat a DUI charge in Ontario is to understand the police treatment. It is important to ensure that the police followed proper procedure and protocol during the arrest, as any deviations or violations could be used as grounds for a motion to exclude evidence. A knowledgeable DUI lawyer will be able to review the police report and identify any potential issues, which can be used to help reduce or dismiss the charges.
How can understanding police treatment help beat a DUI charge in Ontario?
Understanding police treatment can help beat a DUI charge in Ontario by identifying any deviations or violations of proper procedure and protocol during the arrest. This information can then be used by a knowledgeable DUI lawyer to file a motion to exclude evidence, which could help reduce or dismiss the charges. It is important to have a comprehensive understanding of the police treatment to increase the chances of a favorable outcome in a DUI case.
