DUI Arrest: Key to Beating DUI Charge
Did you know that what happened during your DUI arrest could be the key to beating your DUI charge?
Charter Rights in DUI Cases: What to Know
Many people aren’t aware of the laws that protect them from the actions of the government, including the police, during a DUI arrest. These rights are part of the Canadian Charter of Rights and Freedoms, which is in our constitution. The Charter can be interpreted in different ways, and it’s up to judges to decide how it applies to each case. When judges make decisions on new cases, their interpretations become the law that police must follow.
Police DUI Arrest Checklist: Mistakes Matter
Good DUI lawyers will use these rights to find ways to beat your DUI charge. Think of these rights as a to-do list for the police when they arrest someone for DUI. The police must follow every step on this list, no exceptions. If an officer makes a mistake or doesn’t keep up with the latest rules from judges, it could lead to your DUI being dismissed. Judges can toss out evidence if they find that your Charter rights were violated, even if the officer was too busy to stay up-to-date with those rules.
DUI Lawyers: Spotting Errors, Building Defenses
This is where skilled DUI defence lawyers have an edge. They stay on top of the latest legal changes and can spot mistakes made by officers. By finding these errors, they can build a strong defence and possibly get your DUI charges dropped.
Section 10(b) Right to Counsel: A Case Study
Let me give you a real-life example. In other words, let me explain what that rule actually means.
A few years back, someone was arrested for impaired driving. The police told him about his Section 10B right to speak with a lawyer, but that’s all they did.
The person told the police he already had a lawyer and gave them the name and number. The police did let him speak to a duty counsel lawyer, which is the free legal advice available, but they didn’t make any effort to get him in touch with his own lawyer.
Later, the person challenged this in court, arguing that his Section 10(b) right was violated because he didn’t get to speak to the lawyer of his choice, even though he did speak to a lawyer.
Guess what? The judge agreed. The judge said that since the guy told the police he had a lawyer and the police didn’t try to contact that lawyer, his Section 10(b) right to speak with a lawyer was breached, plain and simple.
So, the judge tossed out the case, even though there was strong evidence that the person was actually guilty of the charge.
Now, when a judge makes a decision like this, it becomes a new rule that the police have to follow. It’s like adding a new task to their to-do list. For example, if someone being arrested for a DUI tells the police they have a lawyer, because of this rule, the police must make a reasonable effort to get in touch with that specific lawyer.
If they don’t, the DUI charges could get dismissed. This is just one example of the many interpretations made by the courts, and these interpretations become part of the police’s to-do list that they must follow.
Leveraging Charter Rules to Beat DUI Charges
And that’s just one interpretation of one part of the Charter. There are many other rules and examples. The point is, a skilled DUI lawyer will know all these rules, stay up-to-date on the law, read the court decisions, and use them to analyze what happened during your DUI arrest to find ways to beat the DUI.
If they find that anything during your arrest violated these Charter rules, that’s an opportunity for a good DUI lawyer to potentially beat your DUI charge, and that’s really important.
Can Charter rights help me beat a DUI charge in Canada?
Yes, the Canadian Charter of Rights and Freedoms protects individuals from certain government and police actions during a DUI arrest. Skilled DUI lawyers can use these rights to identify potential violations and build strong defenses to help beat DUI charges.
What is an example of a Charter right violation in a DUI case?
One example of a Charter right violation in a DUI case is when the police fail to make a reasonable effort to put the arrested individual in contact with their lawyer of choice, even if they were given access to duty counsel. This violates the individual's Section 10(b) right to counsel and can lead to the dismissal of the DUI charges.
