How to Beat a DUI Charge in Ontario – This is KEY
- DUI cases are often won using something most people don’t know about. It’s called the Charter of Rights and Freedoms.
- In the hands of a skilled DUI lawyer, the Charter of Rights and Freedoms may make the difference between winning and losing your Impaired Driving case.
- Here are 3 things you need to know
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1/ What is the Charter of Rights and Freedoms- It’s a set of rules that protect Canadian citizens from the actions of the government.
- The government includes all the people that are trying to convict you of your impaired driving charges.
- That includes the Police, the Crown lawyers and the Judge involved in your DUI case.
2/ The rules are not optional- The rules that are set out in the Charter of Rights and Freedoms are taken very seriously.
- These rules go to the very core of our justice system.
- And if the Police and the Courts do not follow the rules, then the Judge will dismiss your Impaired Driving case.
- Even if you were, in fact, guilty of the DUI charge.
3/ The rules seem simple. They’re not. And that’s good for you.- When you read some of the rules in the Charter, at first look, they seem easy for the government to follow.
- For example, Section 10(b) of the Charter is the “Right to counsel”.
- It says, “Everyone has the right on arrest or detention, to retain and instruct counsel without delay and to be informed of that right.”
- Every Police officer knows that rule. It seems easy to follow. But sometimes it’s not.
- For example, there was a case years back where someone was arrested for a DUI. For the purpose of this video, let’s call the accused Mark.
- The Police put Mark in touch with a criminal lawyer.
- The problem was that the Lawyer was NOT the lawyer that Mark wanted to speak to.
- Mark then complained that his Section 10(b) Right to Counsel was violated because he did not get to speak to a lawyer of his choice.
- The Judge agreed and withdrew the case against Mark.
- And whether Mark was guilty of the original DUI charge or not did not matter.
- Now, there are 7 categories of rights and freedoms protected by the Charter.
- And skilled DUI lawyers often fight Impaired Driving Cases based on the rules that fall under those 7 categories.
- The rules that are set out in the Charter of Rights and Freedoms are taken very seriously.
- These rules go to the very core of our justice system.
- And if the Police and the Courts do not follow the rules, then the Judge will dismiss your Impaired Driving case.
- Even if you were, in fact, guilty of the DUI charge.
