When you have been charged with a criminal offence you have the right to defend yourself and:
- discuss the case with a lawyer of your choice,
- to seek to have the charge dismissed, or
- resolved to a lesser charge or plead not guilty and proceed to a trial.
You do not have automatically plead guilty and suffer the severe DUI penalties.
The Canadian Charter of Rights and Freedoms says:
- Everyone has the right to defend themselves in court.
- Everyone has the right to be free of unreasonable search and seizure by the police.
- Everyone has the right to have a judge listen to your case within a reasonable period of time.
In most impaired driving and DUI charges there are issues and defences available.
Many drivers may feel that if the police have arrested you for impaired driving that you’re automatically guilty, which is wrong.
- The police do make mistakes,
- charge people improperly, and
- violate people’s rights,
- many times people are just not guilty of what the police are alleging.
It is the driver’s right under Canadian law to;
- discuss the charge with the Crown Attorney to withdraw or reduce the charge,
- present your defence in a courtroom,
- to have a Judge hear what happened, and for
- the judge to make a decision about the guilt or innocence, not the police.
The law on impaired driving is strict, and the police and the crown attorney must do everything properly and legally to obtain a conviction against the accused. Your rights as a Canadian citizen have been violated, a criminal charge can be dismissed.
There are defences to impaired driving. There is no charge to have our criminal lawyers meet with you can review your case, call us today at 647-689-6014.