Oshawa DUI Lawyer
Impaired Driving Lawyer
We provide attentive and professional criminal defence for Impaired Driving charges in the Oshawa courthouse and beyond. We focus on ensuring your rights are protected during one of the most challenging times in your life. With over 17 years of experience, Mr. Smart has established himself as a respected defence lawyer, specializing in Impaired Driving defence. HIs legal experience is pivotal to your success.
Effective DUI Defence
Hiring a professional defence lawyer for exceeding 80 charges is crucial. Mr. Smart's commitment and expertise come from years of experience and comprehensive legal practice focused in Durham Region. As a Licensed Lawyer with the Law Society of Ontario his credentials speak volumes. Moreover, his active participation in the Durham Region Law Association and Criminal Lawyers Association underlines his respected professional standing.
For reliable, highly rated, experienced defence lawyer, contact us today. Let’s work together towards the defense you deserve. At SMART | CRIMINAL LAW, we believe that each client's case is unique, and we provide personalized legal representation that is tailored to your specific needs. Our attorneys will work closely with you to develop a legal strategy that is designed to achieve the best possible outcome for your case.
What is IMPAIRED DRIVING ?
What is IMPAIRED DRIVING ?
What is IMPAIRED DRIVING ?
When a persons physical and cognitive ability to operate a vehicle is effected by alcohol or drugs , or a combination of both.
Impaired Driving has nothing to do with the level of alcohol in your body. It only relates to a persons physical ability to operate a vehicle safely.
What is EXCEEDING 80MG ?
What is IMPAIRED DRIVING ?
What is IMPAIRED DRIVING ?
When the level of alcohol in your blood is over the legal limit.
0-50MG/100ML of blood - No penalty for full Licence Holder
50-80MG/100ML of blood - 3 Day Drivers Licence Suspension
80MG/100ML of blood - 90 Day Drivers Licence Suspension + Criminal Charges
This charge has nothing to do with a persons physical ability to operate a vehicle. In fact, people have been found to be over the legal limit and not be "Impaired".
How our Impaired Driving Lawyer will help
All DUI charges are subject to strict procedures that police must follow . Our experience is used to review the facts of your case and determine if the police have followed the proper procedures and respected your rights throughout the investigative process.
It is important that we collect all the evidence and throughly review the type(s) and quantities of alcohol that you consumed. Many times video surveillance will be used to record your interactions with police, so we use it to reconstruct the investigation and examine each detail to ensure all defences are considered.
We often hear from our clients that they "never thought that would make a difference". The reality is that these cases require special knowledge and skill to defend, so there is little hope for the person who hopes to succeed by themselves.
Frequently Asked Questions
Many clients assume that failing a breath test means an automatic conviction. In reality, our DUI lawyer often challenges the legality of the stop, the manner the evidence is collected, and the legal obligations of police when dealing with citizens. In many cases, the evidence proving that you were "over the limit" may not be admissible evidence , so its important to have our impaired driving lawyer review you case to ensure that the police have not taken advantage of your rights or engaged in prohibited investigative techniques.
In Ontario, there is an immediate licence suspensions (90 days for most cases) at the roadside. This suspension can be appealed; however, there are such limited grounds for appeal that there is usually no way to get your license back before the 90 days suspension period. Beyond this 90 day suspension, if you are convicted, penalties increase — ranging from 1-year driving prohibitions to longer terms for repeat offenders.
Impaired driving cases usually take several months to resolve, depending on disclosure delays, charter arguments, and court scheduling. Our criminal law team can appear on your behalf for many dates, so that you can focus on your life . We always enjoy having our clients around, but your time is valuable, so we give you plenty of notice and have you attend when your presence will benefit your case.
Criminal Code -s. 320.14
Things that can help your defence
Things that can help your defence
The Criminal Code of Canada sets out the definition of "Impaired Driving" and the penalties for variations of Impaired Driving including: Exceeding 80mg of alcohol in 100ml of blood; and, Impaired by Drug; and, Impaired driving causing bodily harm; and Impaired driving causing death.
Things that can help your defence
Things that can help your defence
Things that can help your defence
Record your memory of the stop, what the police said, timeline of events, when/if they asked you for a lawyer(and your responses), food/drink intake, medications, etc.
These details fade quickly, but are critical for Charter arguments and spotting police errors.
Outcomes
Things that can help your defence
Outcomes
The penalties range drastically depending on important factors like the present of a previous offence and the extent of any injuries.
We have been very successful in defending Impaired Driving Charges in Oshawa.
SMART | CRIMINAL LAW
39 Bond St E., Unit #4, Oshawa, Ontario, L1G1B2
Proudly serving all of Durham Region including Oshawa, Whitby, Ajax, and Pickering and the surrounding communities including Cobourg, Peterborough, and Lindsay.
Jeffrey Smart Legal Services Professional Corporation, Registered as" Smart | Criminal Law"