a) The defenses under the Charter

In drunk driving offenses, police officers have several rules to abide by : with regards to the interception of the vehicle, the analysis of the symptoms, the arrest of the individual, the collection of breath sample or blood sample and the delays during the procedure.

Our lawyers will be able to determine if all these obligations were followed, as well as ensure that all the evidence necessary for the evaluation of the file was submitted by the Crown prosecutor during the appearance. If that is not the case, the lawyer will take the necessary steps in order to obtain disclosure of the missing evidence.

If the police have failed in their duties, the lawyer will be able to explain to you in length what a trial entails and assess your chances of success.

It is erroneous to assume that because you blew over the legal limit, you have no chance of being acquitted. Rather, each case should be evaluated individually in order to assess your chances of success at trial.

b) The defense based on the elements constituting the offense

In some cases, it will be possible for your lawyer to raise a defense based on the lack of symptoms usually observed by the police officer when a person is driving under the influence. Those symptoms are necessary for you to be found guilty of such offense. It will be often lead to a credibility debate, which will be assessed during a trial.

c) The defense based on the proper functioning or the correct use of the machine

In some cases, it is also possible to attack the proper functioning of the breathalizer or its use. This defense is  complex as it often requires the intervention of an expert.