Technical, Rigorous Defense Against Impaired Driving Charges.
Impaired driving, Over 80, and refusal charges carry devastating consequences, including mandatory driving bans, steep fines, and a lifetime criminal record. I dissect the technicalities, calibration logs, and police protocols to expose systemic flaws in the prosecution's case.
Scientific Complexity Meets Meticulous Legal Audit
Unlike many other criminal allegations, an impaired driving charge relies heavily on scientific instruments and precise timelines. A delay of just a few minutes by the police, or a minor maintenance omission of a breathalyzer instrument, can result in the exclusion of the entire sample under the Canadian Charter of Rights and Freedoms.
DUI & Over 80 Charges
Operating a vehicle with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood is a crime. I audit maintenance, operator certifications, and ambient air blank tests.
Charter Rights and the Exclusion of Evidence
Under Section 24(2) of the Charter, if your rights were violated during the traffic stop or during detention, I can petition the Court to exclude your breath readings entirely. This immediately cripples the prosecution's case, forcing a withdrawal or producing a swift acquittal at trial.
Comprehensive Defense Strategy
analytics Breathalyzer Calibration Audits
The Intoxilyzer 8000C used by Ontario police requires rigorous maintenance and calibration. I demand police maintenance logs, check standard gas calibrations, operator profiles, and the timing parameters to prove the instrument's readings are medically and technically unreliable.
front_hand Refusal of a Breath Sample
Refusing to blow into an Approved Screening Device (ASD) at the roadside or a breathalyzer at the police station carries identical criminal consequences as an impaired charge. I challenge the legal validity of the officer's demand, examine if the request was made "as soon as practicable," and determine if a legitimate medical or constitutional excuse existed.
vpn_key Charter Violations & Traffic Stops
Police officers must follow strict legal parameters when executing stops. I look for Section 9 arbitrary detention violations, Section 10(b) right to counsel violations (delays in allowing contact with a lawyer), and unreasonable bodily searches to ensure the protection of your fundamental rights.
Our Methodology
A systematic, multi-tiered audit of police conduct and electronic breath instrument records.
Technical Disclosure Audit
I obtain complete operational logs, operator certificates, calibration curves, and standard alcohol solution logs to expose defects in breath-testing equipment.
Timeline Construction
I cross-examine police cruiser logs, station video, and mobile data terminals to map a second-by-second timeline of your detention and identify unconstitutional delays.
Charter Litigation
I file vigorous Charter motions to exclude evidence, aiming to render the Crown's readings inadmissible and pave the way for a dismissal.
Ready to Discuss Your Case?
Contact me today for a confidential consultation. I am available 24/7 to protect your rights.
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