Defend Against an Impaired Driving / DUI: New Rules This New Year’s Eve | Impaired Driving Lawyer, Newmarket & Toronto
The impaired driving laws in Ontario have greatly evolved over the last couple of years. It always helps to have your finger on the pulse of these developments.
The end of the year sees a spike in impaired driving cases, especially on New Year’s Eve. If you or a loved one are charged with a DUI offence, don’t panic.
Semyonov Law is a reliable and experienced impaired driving lawyer in Newmarket and Toronto, with the legal expertise to strengthen your defence in court. Rely on Semyonov for sound, timely and accurate legal guidance, regardless of how severe your case might appear to seem.
As a trusted bail hearing lawyer, Semyonov has accumulated a wealth of expertise to navigate you through the process, having successfully secured bail for countless clients charged with all manner of criminal offences, everything from DUIs to sexual assault. Rest assured, he will do everything in his power to help you during this challenging time.
Time is of the essence when it comes to your DUI defence. Get in touch today.
Call: (647) 292-3377
What is Impaired Driving in Ontario?
Impaired driving, Driving Under the Influence (DUI), Driving While Impaired (DWI) while all slightly different in their definition, pertains to operating a motor vehicle while the person’s faculties are impaired by a drug, alcohol or some combination of the two.
Contrary to popular belief, there is no “safe” time window for consuming alcohol and getting behind the wheel. The law considers the possibility that even a small drink an hour before driving can impair your ability to make snap judgments when driving.
To be more specific, Canada’s Department of Justice expressly states that the forbidden blood alcohol concentration is 80 milligrams or more per 100 millilitres of blood.
With the legalization of recreational cannabis in 2018, the law has further tightened the rules. When it comes to cannabis, the prohibited level is anywhere between 2 to 5 nanograms of THC (the primary active ingredient in cannabis) per ml of blood.
Consequences vary depending on the severity of the crime, whether it’s a first or subsequent offence, and whether or not there were any injuries or fatalities. The maximum penalty assigned could be as much as 10 years behind bars.
How Do I Defend Against an Impaired Driving Charge?
Typically with a DUI, the officer pulls over the driver in question to determine whether or not they are under the influence.
The police no longer need to have reasonable suspicion that a driver is impaired. They reserve the right to demand a breath sample from any driver they pull over. If you refuse, you may be charged.
In some cases, the charge may be dismissed before it reaches trial. These cases are otherwise settled by the defence lawyer, prosecutor and judge and bail may be set if applicable.
In most cases, it’s advised that the driver not to plead guilty as the law considers you innocent until proven guilty. A few common defences that could lead to a DUI charge being withdrawn:
- If the accused was not properly arrested following the right protocol
- Illegal seizure for searches conducted by the police
- Violation of your right to consult with a lawyer
- The trial not being conducted within a reasonable period of time
- The breath sample being improperly read
The onus falls upon the prosecution and the cops to prove without a reasonable doubt that the accused is guilty.
It takes considerable experience to be able to spot loopholes in the case and have the charge withdrawn. Play it safe and contact Semyonov Law. Backed by years of experience, Semyonov has successfully defended countless individuals who have faced similar charges.
Semyonov is a Reliable Impaired Driving Lawyer in Newmarket – High Success Rate
Vladimir Semyonov has your best interests at heart and will work hard to prove your innocence. He is the right man for your case. You can bank on a detailed legal consultation, fair pricing and top-notch legal representation.
Call: (647) 292-3377