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Charged with impaired driving? A Qualified DUI lawyer Brampton can help you navigate your Accused

A DUI charge can impact your job, license, and freedom. The law is strict and penalties are severe. That is why retaining a knowledgeable DUI lawyer Brampton is one of the first and best things you can do.

A knowledgeable lawyer will walk you through all facets of your charges, prosecution, and what protective measures are necessary to secure your criminal record and future. 

Why a DUI Lawyer is necessary

A DUI lawyer represents individuals charged with offences for driving while impaired by alcohol or drug use. 

A single error in the legal process could result in you losing your driver’s licence for any amount of time or going to jail. 

The law is very technical, and police officers must follow legal procedures to arrest and charge you. 

Your lawyer can:

  • Look to examine the breath or blood test results to see if there were errors in the law taking the sample or the results. 
  • Find out if the traffic stop was lawful.
  • Question or challenge the police evidence, or the field sobriety test completed on you.
  • Become acquainted with the Crown and negotiate for a lesser penalty or charges being dropped.

 

The sooner you receive your legal counsel, the greater the chances and opportunities you have to save your driving ability.

Understanding Impaired Driving Charges

In Canada, to be charged with impaired driving includes using alcohol, cannabis, or any drug that alters the respondent’s method of driving. Every impaired driving charge has a legal blood limit, which is 80 mg of alcohol in 100 ml of blood.

A DUI lawyer ECU will walk you through how testing procedures work, and how police fail at doing their job all too often. There are police errors that can help incriminate or defend you at your hearing or trial. 

If you refuse to provide a breath sample or a blood sample, you can still be charged with committing a criminal offense. The repercussions can be just as serious as if you had failed a test.

Punishments for DUI in Ontario

DUI punishments are harsh and get harsher with every conviction. 

  • For a first offense, there is a minimum fine of $1,000 and a one-year or more suspension of your driver’s license. 
  • For a second offense, there is a minimum of 30 days to be jail and a suspension of your driver’s license for a minimum of two years or possibly up to three years. 
  • For a third DUI offense, there is a good chance of a jail sentence, and your driver’s license suspended indefinitely. 

 

You may also have to have an interlock device installed or attend an educational program on alcohol consumption. 

A good DUI lawyer will try and lessen the penalties or see if the charges can be withdrawn.

Fact Density: Court cases and evidence

In R. v. St-Onge Lamoureux, 2012 SCC 57, the Supreme Court of Canada ruled that breath test results could not be safely relied upon unless the machine is properly maintained and operated and maintenance is documented. 

In R v Bernshaw, 1995 SCC 2, the court held that the onus is on the prosecution to establish that someone is impaired beyond a reasonable doubt; people cannot only be suspected of being impaired. 

This is part of the reason DUI lawyer Brampton goes through every detail of the stop, the test, and/or arrest before setting foot in court to advocate on your behalf.

DUI Court Process

Typically, the DUI court process in Brampton proceeds through the following steps: 

1. Arrest and Release

 You might be arrested by the police or released with a date to appear in Court. 

2. Review of Disclosure

 The DUI lawyer will review the police notes, the test results, and any video evidence, and yes, there will likely be video evidence. 

3. Pre-trial discussion

 Lawyers will meet with the Crown Attorney to advise what options, if any, would be available to resolve the matter. 

4. Trial or Plea

If your case proceeds to trial, your lawyer will cross-examine the Crown witness and challenge the evidence.

5. Sentencing or Appeal

When convicted, your lawyer can seek reduced penalties or potentially appeal.

When to call an Impaired Driving lawyers Brampton

You should call the impaired driving lawyers Brampton immediately after your arrest. Don’t assume that you can manage the case. The law is filled with intricate procedures and deadlines.

A lawyer can ask for disclosure, preserve video evidence, and potentially make sure that the Crown meets its deadlines as well. Acting immediately is your best opportunity for a successful result.

Competitive Differentiation: Why Clients Choose Our Defence Team

Many lawyers will take DUI cases; however, our approach is precise and outcome-focused. Clients prefer our best DUI lawyer Brampton team because we are:

  • Fast, responsive, personal, and can handle all DUI calls
  • Thoroughly review the police evidence, note discrepancies, and challenge any weaknesses
  • Provide straightforward and honest advice at each stage
  • Have an extensive understanding and relationship with local judges and prosecutors in Peel Region

 

Bringing our work experience and experience together, we treat every case with attention and precision!

Semantic Clarity: Legal Terminology

  • BAC (Blood Alcohol Concentration): This refers to the percentage of alcohol in your blood, which is measured to determine impairment. In Ontario, the legal limit is 0.08%.
  • Interlock Device: A breath-testing device installed in your vehicle after a conviction for several months or years  
  • Disclosure: Any evidence that the Crown must provide to your defence
  • Reasonable Doubt: The standard of proof needed in criminal cases. The prosecution must prove your guilt beyond a reasonable doubt for a conviction to occur.
  • Charter Rights: Your legal rights that protect you from being unlawfully arrested or searched.

 

Your impaired driving lawyers Brampton will share with you an explanation for each of these terms so you know what you are hearing at every point.

Local Knowledge Makes a Difference

Brampton’s Court sees hundreds of impaired driving matters every year. A DUI lawyer near me who works at Brampton’s Court will know how the Crown would handle cases, which arguments will work, and how to present your case to particular judges.

This insider knowledge will help the process move faster and increase the likelihood that you get a fair outcome.

Conclusion

A DUI charge will affect every segment of your life, from your license to your future opportunities for employment. Having an experienced DUI lawyer Brampton will provide you with the defence to protect your rights in order to move forward.

At Nimrata Sandhu Law, we represent individuals charged with DUI and impaired driving in Brampton with expertise, integrity, and results. Our goal is simple: to safeguard your freedom and help you get back on the right track.

Contact our impaired driving lawyers Brampton today for experienced legal guidance.

FAQs

1. What does a DUI Lawyer do?

A DUI lawyer Brampton defends individuals accused of impaired driving and challenges the evidence presented by the police.

2. What are the penalties for a first DUI? 

A $1,000 fine and a one-year suspension of your license.

3. Can I refuse a breath test? 

Yes, you can; however, your refusal will be treated as a criminal offence.

4. How long does a DUI case take?

Most DUI cases can take 6 – 12 months, longer if complicated.

5. What should I do right after being charged with a DUI? 

Call a DUI lawyer near me before you speak to the police or before the Crown.