Beat Your DUI: How to Fight a DUI & Win

• Are you facing a DUI charge in Ontario and wondering how you can fight and win?
• I’m Dan Joffe, DUI lawyer at NextLaw.
• In this blog  I’m going to cover strategies and insider tips on how to effectively fight a DUI charge from the perspective of a DUI Lawyer. 

Understanding DUI Charges:

• This video covers all DUI charges in Ontario.  In the Criminal Code of Canada, drunk driving charges are categorized as ‘Impaired Operation of a Vehicle,’ ‘Over 80,’ and ‘Refusal to Take a Breath Test. 
• In our legal system, the onus is on the crown, who is the lawyer representing the Canadian government, to prove the DUI case against you beyond a reasonable doubt.  
• My job as a DUI lawyer is to dig deep into the evidence to find holes or mistakes in the government case to create that doubt.  If that happens, then you would beat your DUI charge.

The Charter – Your Strategic Defence:

• One of the most important tools that a DUI lawyer has is the Canadian Charter of Rights and Freedoms, which is commonly referred to as the Charter.
• The Charter is like a shield protecting you from government overreach.  And that includes protection from the police and the crown lawyers that are trying to convict you.
• If the government does not follow these Charter rules, that is an opportunity that we will use to raise reasonable doubt to beat your DUI.

Your Right to Legal Advice:

• One important strategy that DUI lawyers examine is whether your Charter right to speak with a lawyer has been violated.
• Under section 10(b) of the charter, you are entitled to speak with a lawyer after your arrest.
• Sometimes the police do not properly facilitate your right to speak to a lawyer.  For example, in some cases you don’t speak to a lawyer.  Or even if you do, mistakes may have been made before you speak with the lawyer.  
• These mistakes can significantly weaken the credibility of the crown’s case and that could be a big win for your DUI case.

Police Mistakes – Your Winning Card:

• “Identifying and capitalizing on any procedural errors or misjudgments made by the police is another area of opportunity.
• We pay special attention to what happened during your arrest and evidence collection.
• For example, the police need to prove they had reasonable grounds to believe that you were impaired before they can legally demand you take a breath test or conduct a field sobriety test.
• If the police don’t have probable grounds, that would be contested and could result in the dismissal of your DUI case.

Breath Test Mistakes

• Another area of opportunity for DUI lawyers involves your breath results.
• In the context of breath testing, precision and adherence to the rules and protocols are non-negotiable.
• For example, was your test administered by a properly trained breath technician?
• Did the breath technician follow all the required steps properly and in the right order?
• Did the technician wait the appropriate time between the two tests?
• Did they properly test and calibrate the machine before your testing?
• Any mistake, no matter how small, could raise the reasonable doubt required to beat your DUI.

Court and Crown Mistakes

• Another area where you may be able to win your DUI are errors by the court and crown.
• Mistakes, especially in handling evidence or case documentation, are opportunities for DUI lawyers.
• While we are fighting your DUI, there are numerous interactions with the court and crown. During these interactions, we are always on the lookout for any mistake that can undermine the crown’s case.

Challenging Signs of Impairment:

• Another area of opportunity for beating your DUI is challenging the signals of impairment.
• Looking impaired does not mean that you are.
• There could be other reasons for your behavior, unrelated to alcohol or drugs. If we find a valid explanation for your actions, it can create enough doubt that will result in you beating your DUI case.

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These are just some examples of how to fight and win a DUI case.

But it’s critical to know that every case is different and the strategy to beat your DUI would change based on your specific situation.

If you’re caught up in a DUI charge, you need someone who knows these insider strategies. Click the link for a free, confidential chat with me, and let’s put these expert tactics to work for you.