Wednesday, December 9, 2009

They look for a driver who is weaving between the lines, changing lanes without signals, turning without proper signals or just generally driving in a

The first step in dealing with an impaired driving charge is to ensure that the client understands all the paperwork they have been given.
Because there are often a few things to deal with when someone is charged with impaired driving, when I first meet a client I discuss how we will go about dealing with all matters related to their case.
Does the client’s past history affect the impaired driving charge?For the most part, the courts only look at whether the Crown has proved its case: that on a certain day, at a certain time, this person was operating a motor vehicle while his or her ability to do so was impaired by alcohol, or whether that person who was pulled over blew over the legal limit, or refused to give a breath sample.
Many people who are charged with impaired driving do not have a criminal history. Rather, they have a solid background in the community and are gainfully employed. But the determination is not about the person’s background; it’s whether there is evidence to show that on that day and at that time this person was impaired by alcohol.
What if the client feels he was not impaired at the time of the charge?Some clients certainly feel that they were not impaired when they drove a vehicle. The issue is to see whether the Crown has evidence or a case that could prove beyond a reasonable doubt that they were impaired. And, even though a client blew over the legal limit does not mean that Crown can prove its case.
How important is it for a client to act quickly in seeking legal assistance?There can be serious disadvantages to not acting quickly. The client must be able to give instructions to the lawyer about what took place while the memories are still fresh. I need to know what the police said, what the circumstances were, who was there, or if there were any witnesses who might help the client’s case early on in the proceedings. Acting quickly is a must.

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