Secret Weapon to Fight DUI Charges: Charter Rights

Are you facing a DUI charge in Ontario? You might be surprised to learn that one of the most powerful tools in your defence isn’t just about proving your innocence – it’s about protecting your rights.

In this blog post, we’ll dive into how the Charter of Rights and Freedoms can be a game-changer in your DUI defence strategy.

The Charter: Your Shield Against DUI Charges

When it comes to fighting DUI charges, whether it’s Impaired Driving, Refusing a Breath Test, or an Over 80 charge, the Charter of Rights and Freedoms is a DUI defence lawyer’s secret weapon. But why is it so powerful? Let’s break it down.

1. What is the Charter of Rights and Freedoms?

The Charter is part of the Canadian Constitution. It’s designed to protect Canadian citizens from government actions, including those of the Police and the Crown lawyers prosecuting your Impaired Driving case. When it comes to DUI cases, the Charter can be your best friend.

2. Why Charter Rights Matter in DUI Cases

Here’s the power of using the Charter to fight your DUI: even if you’re technically guilty of a DUI, a serious breach of your Charter rights could lead to your case being dismissed. That’s how seriously the courts take your Charter rights.

3. A Real-Life Example: The Power of Charter Rights in Action

Let me share a story that illustrates just how impactful Charter rights can be in a DUI case:

• A man was charged with a DUI and taken to the police station.
• He requested to speak with his criminal lawyer as is his right according to Section 10(b) of the Charter.
• The man did not speak with his lawyer. Instead, the Police had him speak with duty counsel (which is the free legal service available in Ontario).
• His lawyer later challenged this as a breach of his Section 10(b) Charter rights.
• The judge agreed on the following logic: that while he spoke with a lawyer, it was not a lawyer of his own choice (as he told the Police to call his lawyer).
• This judge dismissed the case because his Section 10(b) Charter right was breached. What made this case so powerful was that it was likely that this person was, in fact, guilty.
• Lesson for everyone charged with a DUI in Ontario: your Charter rights matter.

The DUI Lawyer’s Strategy: Leveraging Charter Rights

So, how do DUI defence lawyers use the Charter to fight charges? Here’s the strategy:

1. Gather All Evidence

A skilled impaired driving lawyer will collect all the evidence from the moment of police contact to the moment they release you from custody.

2. Chronological Analysis

The evidence is arranged in chronological order, creating a timeline of events.

3. Compare with Charter Standards

This timeline is then compared to what should have happened according to Charter rights and court decisions.

4. Identify Discrepancies

Any differences between what happened and what should have happened are potential Charter breaches.

5. Build a Defence

These breaches can be used to challenge the DUI evidence and potentially get the charges dismissed.

Why Charter Defences Work

Charter issues are a powerful secret weapon in DUI cases because:

• They focus on protecting your rights, not just proving innocence.
• Courts take Charter breaches very seriously.
• Even small mistakes by the Police can lead to case dismissals.
• Charter defences can work even if you exceed the legal limit.

The Bottom Line: Your Rights Matter

When facing a DUI charge, remember that your constitutional rights are your strongest ally. A knowledgeable DUI lawyer will scrutinize every detail of your arrest, looking for any potential Charter breaches that could be used in your defence.

Whether you’re dealing with an Impaired Driving charge, an Over 80 charge, or a Refusal to Provide a Breath Sample, understanding how Charter rights apply to your case could be the key to beating DUI charges.