Kitchener Over 80 DUI Defence
Defence Against a Driving Over 80 DUI Charge in Kitchener
Due to the severe and harsh punishments handed out to Kitchener DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer.
How Kitchener Courts Establish Proof For An Over 80 Charge
Two distinct but closely related offences are described in Canadian criminal laws under Section 253. The first offence is “impaired driving” which bars a person from driving or caring or controlling a vehicle while their abilities to do so are prejudiced by the influence of drugs or alcohol. The second offence is over 80 DUI which lays down the same stipulation but relates to a situation where the blood alcohol concentration (BAC) of the person driving or in control of a vehicle is over 80mg per 100ml of blood. There are also other DUI related offences in Kitchener such as the failure to provide a breath sample offence.
If you are facing driving over 80 DUI charges, it is important to get in touch with an experienced over 80 defence lawyer immediately. We at Kitchener DUI lawyer have shown consistently favorable results in defending our clients in these cases through detailed investigations and vigorous cross-examination of prosecution witnesses. Call us now for more information and a free consultation.
Establishing Proof for An Over 80 Charge in Kitchener, ON
An offence such as the over 80 charge is one of the most litigated of criminal charges in Kitchener, Ontario. This is because establishing proof of the offence rests heavily on the observation of the investigating officer and eye witnesses and these are also the points we usually focus on at trial. The proof of the over 80 DUI offence requires a specific procedure to be followed. Breath and blood samples have to be taken withing accordance to strict procedures by a Drug Recognition Expert and the resulting BAC will be used as evidence during the trial.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Kitchener
Types Of DUI Charges:
Consequences Of A DUI:
What Is The Over 80 Charge Criminal Code in Kitchener, Ontario?
The laws related to the driving over 80 DUI are focused on the element of operation or care and control, and this becomes an uncertainty when evaluating whether there was actually care or control when the vehicle was in motion. Thus, it often gives rise to Charter rights under s.8 and 9, 10 (b). At Kitchener DUI Lawyer we focus on this aspect while defending our clients.
An Over 80 DUI charge in Kitchener is primarily linked to 253 (1) which states that “Everyone commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not.
(a)While the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) Having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.
Fighting Driving Over 80 DUI Charges in Kitchener, Ontario
There are three basic clauses to an extreme DUI and 253(1)(b). The first is that the accused was operating the motor vehicle or was in care and control of the vehicle. Secondly, the officer had reasonable suspicion to believe that there was alcohol in the body of the accused and lastly, that the BAC of the accused was over 80 at the time of the arrest.
The Process For Establishing An Extreme DUI Charge in Kitchener, ON
The process of establishing BAC is clearly laid down in the over 80 charge criminal code. Each sample has to be taken as soon as possible after the offence is committed with the first sample being taken no more than 2 hours after the arrest. There should be at least an interval of 15 minutes between samples and every sample received should be taken using approved equipment.
A qualified technician should operate the approved equipment. The technician is responsible for making an analysis of each sample and the evidence will be presented in court.
Contact Us Immediately To Defend Yourself Against A Kitchener Over 80 DUI Charge
While the over 80 charge criminal code is very clear regarding the offences and punishment, our experienced Kitchener DUI attorneys carry out strong defences of such cases primarily based on inconsistencies with evidence and a cross-examination of prosecution witnesses. Our team of investigators generally visits the site of the incident to get a first-hand report of what really happened. This helps us to present a good defence for your case. Call us today, and we will be more than willing to discuss your case.
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
Kitchener DUI Defence Attorney
