Everything You Need To Know About DUI Laws
Ontario, and in succession Toronto, has very strict DUI laws. Overall, if you are caught operating heavy equipment while under the influence, you will be subject to a variety heavy fines and penalties. It has been made very clear that the matter of whether or not the equipment is in motion or not is irrelevant. This information can be found under section 253(1).
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What Makes a DUI Valid?
When discussing the notion of being under the influence, it is important to note that there are two methods that law enforcement use to determine whether or not a person is being influenced by alcohol or a similar substance. The first is whether or not the person is able to operate the machinery in a safe and appropriate way. This typically means that even if you are under the legal blood alcohol content threshold (BAC), you can still be charged with a DUI. The second method is based off of the BAC. If you’re blood alcohol level is above 80 mg, you will be charged with a DUI.
DUI Penalties
Due the fact of their being so many DUI cases across Ontario, and especially in Toronto, our team of lawyers is very experienced. They are knowledgeable of the ins out outs of every law pertaining to a DUI, and have immense knowledge of how to exploit various loopholes. Our lawyers have been extremely successful in utilizing the 8th, 9th, and 10th(b) sections of the Canadian Charter of Rights and Freedoms. These sections are specific to police, as any time an infraction is made by law enforcement, our lawyers are readily available to contest the Crown by using them.
First Conviction
- Monetary Fine
- Mandatory Education or Treatment Program
- License suspension for up to a year
Second Conviction
- License suspension for up to three years.
- Fine
- 30-day prison sentence
Third Conviction
- Permanent license suspension
- Fine
- 120-day prison sentence
A guilty plea equals conviction—just as if a jury found you guilty.
We will fight back against the consequences, and protect you while we’re at it.
Specifics Behind Determining a DUI Charge
Often the only way that a DUI charge is set out, is through eye witness statements, and the investigation of the on duty officer. Both of these factors can be exploited, as eye witness statements can be proven unreliable. Any infraction or mistake made by the police officer may also prove them unreliable as witnesses. In order to accurately prove that someone was under the influence at the time of the arrest, is to perform a toxicology test. A Drug Recognition Expert is needed, and without their reports, a DUI will rarely have any sort of foundation.
Law Enforcement’s Perspective
A law enforcement officer is able to start the charge process of an individual with a DUI solely due to suspicion. If the vehicle is in possession of the accused, and they are operating the vehicle, the officer only has to prove that there are drugs in the accused’s system. If the accused is simply caring for the vehicle, the police officer will have to prove that the accused has the ability to use the vehicle, and intends to. This must be beyond a reasonable doubt.
Common Defenses
A common defense that typically acquits the accused is unreasonable search and seizure, as the arresting police officer most likely will have no warrant. Only suspicion, and if this suspicion can be deemed non significant, it is deemed unreasonable. Reasonable time is another defense strategy. Often at times, the prosecution subjects the accused to an unreasonable delay, and that often leads to the accused’s acquittal.
25 Years of Experience in DUI Cases
We will fight back against the consequences, and protect you while we’re at it.
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