DUI Defences

Some impaired driving cases may involve legal or procedural issues that affect the strength of the prosecution’s case. Depending on the circumstances, issues involving traffic stops, police conduct, testing procedures, disclosure, or Charter rights may impact the outcome of a case.

The Carter defence is a legal argument that may arise in certain impaired driving cases involving issues related to alcohol consumption evidence, timing, and blood alcohol concentration calculations.

Like other DUI defence strategies, its application depends on the specific facts, evidence, and circumstances of the case.

Breathalyzer evidence may be challenged in certain situations involving testing procedures, equipment operation, maintenance records, timing requirements, or the collection of samples. Each case depends on its own facts and evidence.

If police violate a person’s Charter rights during an investigation or arrest, it may affect the admissibility of evidence in the case. Charter issues can involve detention, access to legal counsel, unreasonable searches, or other constitutional protections.

Refusal allegations may involve legal issues related to police demands, timing, communication, understanding of instructions, or roadside procedures. Like other impaired driving cases, refusal charges depend heavily on the surrounding facts and evidence.

Police generally require lawful authority to conduct traffic stops and impaired driving investigations. In some cases, issues surrounding the reason for the stop or the conduct of the investigation may become important legal issues.

Breath testing equipment must be properly maintained and operated according to strict procedures. Questions involving calibration, maintenance records, testing procedures, or operator conduct may become relevant in certain cases.

Evidence in impaired driving cases may include breathalyzer results, roadside testing, police observations, witness statements, driving behaviour, video recordings, and statements made during the investigation.

Disclosure is an important part of the legal process and generally includes evidence and records gathered during the investigation. Reviewing disclosure materials may help identify issues involving police procedure, testing, or the strength of the prosecution’s case.

Not all impaired driving cases proceed to trial. Depending on the circumstances, some matters may resolve earlier through legal negotiations or other court processes. Every case is different and depends on the evidence and legal issues involved.