IMPAIRED DRIVING

To the general public, a charge of Impaired Driving or Blowing over 80mgs appears to be a very simple offence. Most people believe that if you blew over, you must be guilty and there are no defences. Nothing could be further from the truth. These charges are some of the most complicated offences to prosecute and are readily defendable by an experienced Lawyer before our Criminal Courts. Quite often, the individuals that face these types of offences are novices before our Courts and this is their first experience in dealing with the Police and our Criminal Justice System. It can be a stressful and overwhelming experience and many times the individual just wants to go to court, plead guilty and "get it over with". Not so fast. Remember, a finding of guilt for such an offence burdens you with a criminal record. Such a record can prevent you from travelling abroad, restrict your employment, hinder your educational opportunities and prevent you from volunteer activities in your Community. Additionally, you will be fined or go to jail, lose your licence for a minimum of a year and be required to install an ignition interlock device on any vehicle you will be operating once you get your licence back. This is not a comfortable scenario. You need an experienced Criminal Lawyer to guide you through this unpleasant situation immediately.

 

The lawyers at Kafka, Kort Barristers have been successfully defending clients charged with drinking and driving offences ranging from impaired/over 80 to impaired causing death and bodily harm for decades. We have a proven, consistent record of obtaining positive results for clients charged with alcohol related driving offences. We have a wealth of experience dealing with the most serious cases involving motor vehicle accidents causing bodily harm and death. If there is a defence to the driving offence that you have been charged with, we will do everything in our power to identify it and forcefully advance it in Court.

 

There are many technical and legal defences to such charges. Our lawyers have in-depth knowledge of the scientific intricacies of the devices utilized by the police to detect impaired drivers. We have lawyers who research case law and Charter jurisprudence on a regular and consistent basis to ensure that our office has a complete database of all helpful authorities and potential defences. We carefully examine the repair, maintenance and calibration records of all roadside screening devices and breathalyzer machines used by the Police to determine if there was a malfunction in obtaining your sample of breath which would render it inadmissible in Court. We retain expert Toxicologists on a regular basis to detect if there was an error in procedure in administering your breath test, which allows our Lawyers to challenge the accuracy of the readings obtained by the Police. We also meticulously review the evidence to determine if your Constitutional rights were infringed by the police by way of an arbitrary detention, unlawful search and seizure of your breath or failure to allow you to exercise your constitutional right to speak to a Lawyer of your choice.

 

It is important for individuals to understand
the full implications of a conviction under the Criminal Code of Canada for a driving offence. Our lawyers can provide advice to our clients regarding all of the options available to a person charged with any driving offences. We are also fully aware of, and can readily advise clients of all of the potential collateral consequences of a conviction including: criminalization, jail, license suspension/restrictions, insurance consequences, immigration implications, and demerit points.

 

Our most important dedication and promise is that we care for our clients. If you are charged with a driving offence and you retain our Firm, we will do everything within our power and extensive experience to protect you from the draconian implications and financial burdens that will follow if you are convicted. We cannot help you if you do not call us. Do not delay. If you are charged with any of these offences call one of our experienced Lawyers immediately and let us assist you through this unfortunate journey through our Criminal Justice System.

Disclaimer

 The content of this website is provided for your informational purposes only and should not be considered as providing legal advice. If you wish to receive legal advice from the Lawyers at Kafka Kort you must contact our Firm directly and arrange a retainer that is acceptable to our Law Firm (either a Private Retainer or Ontario Legal Aid depending on the case). Once you receive confirmation in writing from our Firm that we have accepted your retainer, then an appointment shall be arranged to discuss your Legal issues. No action shall be taken on your behalf by our Law Firm until we are fully retained to act on your behalf.