Fighting an Impaired Driving - Drinking and Driving Charge
During the police investigation the police officer has to do their job properly. If any of the follow have not been done properly the driving and driving charge can be dismissed at court.
- Did the police officer have proper grounds to stop and investigate the driver
- Did the police officer make a proper demand for breath samples
- Did the police officer make a proper arrest
- Did the police officer read the accused their rights to counsel
- Was the breathalyzer test taken within a reasonable time
- Was the breathalyzer test taken within 2 hours of the time of the offence
- Was the accused given privacy to speak with legal counsel
- Did the police officer complete all the necessary paperwork properly
- Did the police officer properly serve written notice of the intention to use documentary evidence against the accused properly
- Does the police officer appear in court
- Is the police officer able to properly give evidence in a criminal trial
- Can the police officer prove the who, what, when, where, and how of the case
To convict the accused of the care or control offence, or impaired driving, it is not necessary to establish some overt action on the part of the accused to indicate that he was involved with the vehicle in a way as to cause danger to the public through the impaired driving.
Only that while in the care or control, or while driving or operating the motor vehicle the accused ability to do so was impaired due to an alcohol or drug.
More Impaired Driving Information;