Drink-and-driving cases are common in Toronto, as they are in any other region. Over the last 6 months, the number of cases under this section has increased by 43%. As a result, the OPP (Ontario Provincial Police) has implemented the MAS (Mandatory Alcohol Screening) in all traffic stops.
Hence, even if you aren’t a suspect, you might still have to give a breath sample. However, when faced with such a charge, people often think evidence can help to prove that they are innocent. In certain cases, you also need to manage the police protocol and technical procedures. Hence, there is a need for a lawyer who can help you navigate the case, fight your legal battle, and prove that you aren’t guilty.
Important defences for lawyers to use
Needless to say, you need a strong criminal defence you can trust to help you manage this legal case. When you work with a lawyer, here are a few defences that he can use:
- Question the traffic stop legality
If police stop you without proper legal cause or reasonable suspicion of an offence, then you can challenge any evidence obtained as a result of that stop. Likewise, the demands for breath tests or screening tests must be made with a legally valid “demand”. If that demand is found to be invalid, then evidence could be deemed inadmissible.
- Questioning the precision of blood test and breathalyzer data
Every person is entitled to get the protection they need against pointless seizure and search. They also have the right to seek correct counsel when arrested under Canada’s Charter of Rights and Freedoms.
Defences may rely on excluding evidence obtained improperly when these rights are violated, which can significantly hinder the prosecution’s case. When you work with an expert lawyer, they can question the data obtained by the breathalyzer or the blood test reports. If the lawyer can point out any inaccuracy or question the way the test was done, it can shift the legal verdict in your favour.
You should consult a reliable legal defence, who can be your lawyer and help you fight the ‘last drink’ factor. It is often argued that while your BAC can be more than 0.08 when you are getting tested, the level occurred when you had stopped driving, based on the way alcohol has been absorbed in your bloodstream. When the testing takes place very late or there is no correct toxicological extrapolation, the reports can be deemed as flawed.
Therefore, in drunk driving cases in Toronto, the outcome may rely on how well an experienced lawyer succeeds in exposing the weaknesses in the case. The defence lawyer will thoroughly examine all evidence, raise motions if they need to be raised, negotiate with the prosecutor, and then, if necessary, thoroughly prepare for trial.
Final words
The legal experience around drink and driving cases in Toronto is nuanced, and it is an ever-evolving process. Mandatory screening, enhanced enforcement, and tougher limits around blood alcohol concentration (BAC) make it easier than you think to find yourself in a legal bind. However, with a lawyer who understands the system, there are various defences available to you that can compel the court to dismiss the charges put against you.