Factors to Winning a DUI
When it comes to considering what are your odds of winning a dui there are many factors to consider in the defence, such as:
- What happened: Was there an accident, was anyone hurt, was there evidence of bad driving or did the accused just go slightly over the limit in a spot check, and does the accused have a previous conviction or criminal record. The circumstances of what happened dramatically affect the crown attorney’s opinion about how to proceed and whether to consider a reduced charge.
- Conduct and evidence of the police officer: Did the police officer do everything correctly. The police officer is obligated by law to properly arrest the accused, read them their rights to counsel and properly request a breathalyzer test. Many times there can be errors and discrepancies.
- Evidence of any witnesses: Where the prosecution presents a witness they must disclose their evidence prior to trial. Witnesses must appear in court, is the witness credible
- The accused: Who is the accused, was this an isolated incident or a pattern of bad driving and criminal activity, does the accused have a previous record, is there a issue with alcohol abuse and what if anything has the accused done about it?
- Experience and qualifications of the lawyer: Who is the lawyer, are they known to the courts as aggressive trial lawyers who usually win, or a lawyer known for making guilty pleas, and loses at trial. Is the lawyer experienced enough to create a reasonable doubt in the mind of the Judge?
- Court system and what happens in trial: The court system has rules and regulations that must be followed, like time delays, legal arguments, applications of case law in Canadian Law.
Chances of Winning a DUI: DUI Lawyers
An experienced DUI lawyer is essential to increase your chances of winning a DUI.
DUI lawyers who have appeared in court on hundreds of DUI cases just naturally get good a what they do. Experience counts in criminal law. As most of us realise when you do something over and over, after many years you get very good at it. At Charitsis Law we’ve been defending dui charges for over 20 years and have helped thousands of drivers save their licenses and avoid a criminal record.
Just for an example when a lawyer appears in criminal court, they get to know the local court system, the crown attorneys and police officers. The lawyer gets to know the strengths and weaknesses of the police officers. Not all officers are proficient at driving and driving charges and may have made mistakes. Sometimes officers although processing the impaired driver at the scene have difficulty presenting the evidence to the judge.
The crown attorneys opinion of the lawyer can affect your case. Where the lawyer has a strong reputation, the crown maybe hesitant to bring the case to trial where they may feel out matched, or have a weak case. As criminal lawyers and crown attorneys all went to the same schools and are both lawyers, many times there are relationships build that can benefit the accused. Who your lawyer is matters.
A skilled lawyer specializing in DUI cases possesses in-depth knowledge of the legal system and relevant precedents. They will assess your case, gather evidence, and develop a tailored defense strategy.
Police Officers – Chances of Winning a DUI
You may think that you’re the one on trial, but if you’ve ever watch a DUI trial you’ll see that often appears that the police officer is.
The police officers actions and description of what happened is crucial at trial. The police officer will be asked to explain to the court their observations, actions, and how they dealt with the accused.
As policing is a diverse field, many times police officers are inexperienced with DUI investigations. Police officers are required by law to properly arrest the accused, read their rights to counsel, read a verbatim breathalyzer demand, and properly prepare documentary evidence to provide to the court.
Most police officers learn how to do this through experience and with the help of senior officers, learning along the way. Our experience has shown that the chances of winning a dui are dramatically higher with inexperienced officers. Just as with an experienced lawyer, the officers experience is a factor to your odds of winning a dui.
On top of this, many officers are very good at their job and other are not. In policing there are many areas of expertise, e.g an officer may have lots of experience in drug investigations but non in DUI charges.
Examining the conduct of law enforcement officers involved in your case is important. Any errors, violations of your rights, or inconsistencies in the police report can be used to your advantage.
Nicholas Charitsis is a Toronto criminal lawyer focused on criminal defence in the Toronto and area courts.
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Reviews of Nicholas Charitsis
He had a lineup of clients waiting for him, which I liked because it gave me confidence that he was a good lawyer. He wasn’t on call for me all the time but I found him to communicate fairly effectively. He would sometimes respond to my e-mails at late hours, which is something I found to be very good because it showed him to be a hard worker.
Sometimes I needed to contact him a couple times because he was busy but it ended up being ok. It was definitely a small sacrifice. He did communicate very well in general. He has an amazing memory and somehow remembers my case when I speak to him on the phone without him even having his notes. His work is top notch. He really takes the time to make sure everything is in order. I am very satisfied. Helen H. Toronto.