Paul Ayer, 22 Years as a Criminal Lawyer
Impaired Driving - Over .08 / Criminal Charges
The court system is adversarial. In court there is a Judge who will weigh the evidence and determine guilt or innocence. There will be a "Crown Prosecutor" who normally seeks to get the accused person found guilty of the charges. It is prudent to have a good defence lawyer who can advocate on your behalf.
Often, people who are charged with impaired driving, and/or operating a motor vehicle with a blood alcohol content which exceeds the legal limit simply go to court and plead guilty. This generally results in a criminal record, a minimum one year driving prohibition and a fine of at least $1000.00. A criminal record may have long term consequences related to travel restrictions and possible lost employment opportunities. Even if a person feels that he or she is guilty of the offence, there may be potential defences available which should be explored. The Crown Prosecutor has the burden of proving guilty beyond a reasonable doubt. There are some very technical defences to impaired driving and over .08 charges which could result in a finding of "not guilty".
At times, through negotiations with the Crown Prosecutor, it may be possible to get a charge reduced to a non-criminal provincial offence, which would result in no criminal record. Go to court with an experienced defence lawyer who is on your side.
Call Paul Ayer for a free consultation.