DUI Lawyers Toronto

As Toronto DUI lawyers, we know drinking and driving charges can be devastating.  A conviction for DUI includes severe penalties that affect your livelihood, employment and include licence suspensions and a criminal record.

We provide senior experienced Toronto DUI Lawyers for advice, legal assistance and defence for impaired driving offences. Our primary objective here, is to give you the information you need to understand what the charge is, the ramifications and what our defence team can do to help you.

Call today speak to a lawyer at no cost.  We’ll review your case together, tell you where we see issues and explain how we can successfully represent you.  In the last 20 years Charitsis Law has successfully helped more 5,000 people DUI criminal charges throughout Ontario, and we can help you.

Being arrested for DUI or “Driving Under the Influence” doesn’t mean that the driver was drunk or intoxicated. Rather, it means that the officer believed that the driver’s ability to operate a motor vehicle was impaired (changed) due to consuming an alcohol beverage or drugs.

It’s important to note that:

• Drivers don’t have to be actually driving to be charged with DUI, but only that they had the care and control of a motor vehicle while impaired.
• If a driver is sitting in the driver’s seat with the keys in the ignition, they have care and control of the vehicle even if it’s not moving.

Where a police officer believes on reasonable and probable grounds, that a driver’s ability to operate a motor vehicle is impaired by an alcohol or drug, the officer may arrest that person for impaired driving (DUI).

Where a driver is charged with a DUI driving, the charge is under section 320.14 of the Criminal Code of Canada, which states: Everyone commits an offence who:

• operates a conveyance while that person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug
• within 2 hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation
• within 2 hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation
• within 2 hours after ceasing to operate a conveyance, a blood alcohol concentration for the drug that war prescribed by regulation for instances where alcohol and that drug are combined.

This law under the Criminal Code of Canada makes it an offence to operate a motor vehicle while under the influence of alcohol or drugs, or any combination of both. It is also against the law to have concentration above the legal limit of drugs or alcohol in your system within two hours of driving.

motor vehicle: means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment. Motor vehicle under the criminal code does include: cars, trucks, motorized factory equipment (tow motors & forklifts), excavation equipment and farm tractors.

The offence can be committed anywhere including private property. DUI driving is considered a criminal offence in Canada resulting in a criminal record.

Experience is a vital component when it comes to choosing a DUI lawyer.  A lawyer’s background and level of experience can significantly impact the outcome of a criminal case.

Criminal lawyers with years of experience defending DUI charges have the background, knowledge, and skills to navigate your DUI defence effectively, and as DUI lawyers, we’ll develop a strong and intensive strategy to win your case.

Here are some reasons how experience counts in DUI law:

• Deep understanding of DUI law and legal procedures: Our DUI lawyers have seen a wide range of cases over an extended period of years.  We know the case law that the prosecution may use, and the ones we use to win, the meanings and applications of breathalyzer technology and we know how to fight an aggressive trial.

• Negotiating and argument skills in court: Before any trial there’s an opportunity to review the case with a Crown Attorney. A strong defence for DUI includes negotiation skills, not only in court but in chambers with judges and throughout pre-trial discussions with Crown Attorney’s. The ability to speak persuasively can dramatically affect the your outcome.

• Strong Defence & Trial Preparation: Each case is different, together we’ll review the whole case, including the police disclosure to build a winning defence.  We’ll look at the arrest, breathalyzer tests, and be ready to cross-examine police officers and witnesses.  Our defence will include relevant Canadian Case law and any applicable legal arguments. Our trial preparation will include a strong defence strategy based on the circumstances of what happened during your arrest and police involvement. As well, we’ll analyze evidence to identify weaknesses in the prosecution’s case, and convincingly argue in support of your innocence and/or dismissal. We’ll leave no stone unturned!

• Court Knowledge: You want a lawyer with a history. A defence lawyer the Crown Attorney knows is a fighter, going to put up a fight and they’re a bit wary of.  Your lawyer’s reputation for advocacy, tenacity and even just being known as a straight shooter can dramatically affect how you are treated at court.

• Established relationships in the legal community: Experienced DUI lawyers often have established relationships with prosecutors, judges, and court staff, which can help them better navigate the legal system and achieve the best possible outcome for their clients. This can be especially beneficial when negotiating plea deals or arguing a case in court.

Experience is essential for a DUI lawyer: Year after year the experience and deep understand of our DUI lawyers grow.  Time tested defence strategies, while constantly tuning our abilities to learn and negotiate effectively.  We know how to advocate on our clients behalf and how to win DUI and drinking and driving charges, helping thousands of drivers. Ultimately, when considering any legal counsel or a dui lawyer, experience can make a significant difference in any outcome.

Call Charitsis Law today, speak to an experienced dui lawyer about your charge and get some advice.  We’ll go over your charges and point out the areas we see issues with, while giving you an honest opinion about your case.  There is no fee to speak to a lawyer.

As DUI lawyers, before any trial there are discussions between your defence lawyer and the Crown Attorney.  These conversations, are commonly called “pre-trial hearings”.  Before considering any trial a dui lawyer would arrange a meeting to discuss your case with the Crown Attorney.

In pre-trial hearings each party has an opposing point of view.  The Crown Attorney wants to secure a conviction while avoiding the time and expense of a trial.  The defence, wants the charges dropped completely or reduced to avoid any criminal record or licence suspension.

Reduce charges are always reviewed prior with our clients, but where a reduced charge such as careless driving is available many people accept this as careless driving has no criminal record and may or may not result in a license suspension.

Not every DUI charge or DUI goes to trial. There are many times where charges have been withdrawn or resolved prior to any trial proceedings.

As discussed in this video, the background of the accused, their actions and what happened during the arrest are all factors that are taken into consideration during pre-trial discussions for DUI charges.

At Charitsis Law, our criminal lawyers will carefully listen to you to learn about your charges and what happened. We’ll analyze your case and explain any potential defences and legal arguments that we see.  Our defence will hinge on 3 areas:

• What happened at the scene: How and why did the arrest happen, what did the police officer do, was everything done properly and legally.  Once charged with DUI, did the police officer act properly, continue with the investigation, were any issues in regards to the arrest, breathalyzer demand, times of events and any of the tests given?

• What happen after the accused arrived at the police station:  Were the accused rights violated, was the breathalyzer test done properly, was the accused given an opportunity to speak to a lawyer in privacy?

• Trial & Crown Attorney’s office: Was the case properly prepared for trial.  Are there any issues with documentary evidence presented to the court, are there disclosure issues, are there legal arguments that the court should hear.

• Client relationships: We’ll keep you up to date as the case proceeds.  Our DUI defence team will arrange all court appearances and conversations with the Crown’s office. Only if there is a trial does the accused need to appear in court.  All motions and pre-trials, we’ll take care of and keep you apprised of results.

As DUI lawyers and your defence team, we have the skills and knowledge to take care of all aspects of your legal defence. We’ll provide support and advice at all stages, including what happens at meetings with the crown attorney, ordering police notes & disclosure, representing you at all court hearings, and preparing and presenting all legal and trial arguments.

In any criminal proceeding, the prosecution must prove the case to the court, beyond a reasonable doubt. This means, where a driver is charged with a DUI, after hearing all the evidence the judge must be 100% sure in “their mind” that the driver committed the offence.

Where a DUI lawyer can show:

• a reasonable doubt that the DUI happened,
• bring any evidence of the DUI into disrepute, or
• create a doubt where the judge is not absolutely sure the driver committed the offence,

Where any of these issues present themselves at trial, the judge must dismiss the charges before the court. The DUI lawyers job is to disprove the charge, discredit the evidence of the prosecution and/or to create a reasonable doubt in the mind of the court.

Any DUI defence our law office prepares will review legal arguments that may apply to your situation.  Our DUI Lawyers will review your case for any legal arguments that may assist in the defence, such as:

• Recent Drinking Defence: That a person’s blood alcohol concentration (BAC) may continue to rise even after they stop drinking, leading to a higher reading on a breathalyzer test than their actual BAC at the time of driving. This defence was established in the Supreme Court of Canada case, R. v. St-Onge Lamoureux, which was decided in 2012. In this case, the defence argued that the breathalyzer test result was not a reliable reflection of the accused’s BAC at the time of driving because her BAC was still rising due to recent drinking. The Supreme Court of Canada ruled in favor of the defence and held that breathalyzer test results are not necessarily a reliable indicator of a person’s BAC at the time of driving. Since the St-Onge Lamoureux case, the recent drinking defence has been used successfully in DUI cases throughout Canada, although it should be used in conjunction with other legal defences and strategies.

• Rights to Counsel: The Rights to Counsel defence is a legal defence in Canadian criminal law that guarantees an accused person’s right to speak with a lawyer in private when in police custody. This defence is protected under Section 10(b) of the Canadian Charter of Rights and Freedoms and argues that any evidence obtained during an investigation in violation of this right may be inadmissible in court. The landmark case law that established this defense is R. v. Brydges, decided by the Supreme Court of Canada in 1990.

• As Soon as Reasonably Possible: Is a legal defence in Canadian criminal law that challenges the timing of DUI arrests, breathalyzer tests, and all aspects of a drinking and driving investigation.  This defence argues that any unreasonable delay during the investigation could compromise the accuracy of evidence and violate an accused person’s rights. The defence is based on the principle that all aspects of an investigation must be performed as soon as reasonably possible to ensure a fair trial.

• Right to Trial Within a Reasonable Time Period: The right to a trial within a reasonable time period as outlined in the Canadian Charter of Rights and Freedoms was established in the R. v. Askov case. The Supreme Court of Canada ruled that the accused’s right to a trial within a reasonable time had been violated due to court backlogs. Since the Askov case, this defence has been used successfully in criminal cases throughout Canada to ensure that investigations are conducted in a timely and efficient manner, protecting an accused person’s right to a fair trial. However, the effectiveness of this defence depends on the specific circumstances of each case.

As your DUI lawyer we’ll work tirelessly to ensure that your rights are protected and you receive a winning defence. We will develop a tailored strategy based on your unique circumstances and use our expertise to achieve a favorable outcome for you.

As experienced criminal defence lawyers, we have appeared on thousands of drinking and driving DUI cases throughout Ontario and the Greater Toronto Area (GTA). Our track record of winning DUI and drinking and driving charges speaks for itself.

We understand the serious consequences of a DUI charge and the damage to your reputation, suspension of your driver’s licence, loss of employment, and impact on your ability to support your family.

We always advise people that this is a serious event in your life that can have long reaching effects. You need to do everything you can to have the charges dropped or mitigated as much as possible, with the best possible defence.  Your best defence is with Charitsis Law.

As your defence lawyers, we bring a unique set of specialized DUI defence skills to your case. Our team includes former crown attorneys, toxicologists, legal professionals and even retired police breathalyzer technicians who are part of the legal team led by an experienced DUI Lawyer.  With a proven track record of success, we have the experience and expertise to win you case, leaving no stone unturned in the process.

The lawyer will answer your questions, and review any documents the police gave you. We can give you an opinion about your case, and explain the DUI defences and legal arguments that may be available to you. We’ll also discuss what you can do to help your cause, and provide you with an estimate of the cost to defend the accusation.

If you decide to retain our services, we’ll invite you to meet with us in person or have an online meeting via Facetime or Zoom. During this meeting, we’ll discuss your case in detail, plan your defence, and arrange for the first court date.

We ask for a reasonable deposit of 10 to 25 percent when you retain our services. The first step is to just call and have a discussion…