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Charged with DUI in Ontario? Fight The Charges.
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Here are five interesting criminal court cases involving impaired driving defences. Learn how others have successfully fought their DUI or impaired driving charges. Perhaps one of these defences will apply to you. However, it is important to note that every file Aitken Robertson takes on is different and that your case may well be different to one of the cases listed below.

R. v. Molina

This Ontario case applies to “driving while disqualified” cases only and has to do with whether the proper warnings about what can happen if you drive while disqualified were given to you when they took your licence. Download document

R. v. Prosper

You have a right to speak with the lawyer of your choice. If that particular lawyer is not available immediately, then the police should allow a reasonable amount of time for the lawyer to phone back.  Download document

R. v. Askov

This is the “delay” argument. If there is enough delay, usually 10 months or more, that is the fault of the Crown Attorney’s Office or the Court, then delay can be a defence in and of itself. This does not include the inherent delay that happens in every case for things like getting disclosure and having initial meetings with the Crown, or delay that defence counsel cause on your behalf in certain circumstances, such as when you ask to delay your trial so that you can finish an important contract.  Download document

R. v. George

If the police make you wait at the side of the road to blow into a roadside breath machine and it takes more than a very short time, they must give you your “rights to counsel” if there is a possibility to exercise those rights. This is why it is very important for your lawyer to know whether you had a cell phone with you at the time and whether you would have known how to contact a lawyer, i.e., you had a name in mind or you had a mobile browser with which you could look one up.  Download document

R. v. White & R. v. Soules

If your DUI matter involved a motor vehicle accident, that will not necessarily hurt your case. (It is generally worse when you are stopped at a RIDE check.) When the police arrive at the scene and ask questions about the accident you are usually required to answer them as there is a duty under the Highway Traffic Act to report accidents. However, any evidence that the police obtain as a result of this questioning cannot be used against you, not even as a basis to arrest you!  Download R. v. White | Download R. v. Soules

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Some of Our Google Reviews

I had my first trouble with law couple of months and we found Edmund Chang. He helped me through all the process professionally moreover, he really cares about my best interest, he will check if I comfortable with all decisions we were going to make and if not, he will not push it. Other things that really stand out, he is approachable as well as responsive to follow up. In the end, we settled the case and I can move on.read more
Krystal Stacy
17:19 15 Jun 18
I was charged with over 0.80 and Impaired Driving charges. I didn't think I had any chance, but Justin Marchant managed to get me out with a careless driving charge. Thanks to him, I don't have a criminal record!!! Very friendly, sharp, professional, and dedicated individual. He did a great job prepping me for the trial, and prepping for the case. I highly recommend this firm, as if it wasn't for them, I'm not sure what would have happened to my life. I made a nasty mistake, one which I will never ever make again. Some lessons have a big price to be learned.read more
Sean Jamali
15:20 07 Jun 18
Recently I was charged with over .80, Justin Marchand help me WIN this charge, from the moment I contacted him, he was very professional and upfront, He always responded to my calls and answered all my questions, He prepared me really well before trial. I would 100% recommend him and his team, Job Well done… “Sometimes good people make mistakes”read more
S F
17:16 07 Jun 18
Mr. Marchand is an amazing lawyer. He is very personable and professional. My case was a very long and drawn out case, but Mr. Marchand always kept up with everything and I was always well informed. I really appreciated that he would take the time to fully explain his thought process/strategy and was never condescending. Even though this was a stressful time, Mr. Marchand made it a great experience and took care of everything.read more
Rochelle Jenifer
17:30 15 Jun 18
Once again amazing ! I am writing this review as I always refer my friends to this firm. THEY ARE THE BEST ! My friend was pulled over at the us border on a random check and in turn got charged with a refusal. My friend did not know that refusing to take a breathalyzer was a criminal offence. In fact as soon as he realized it he asked the officers to take it but they refused him. In turn he was charged with a refusal. Aitken Robertson specializes in DUI and cases such as this.. so it was an immediate call to them that i put in for him. Right then and there they took over. As usual, they offered a payment plan and of course they took care of everything all the pre-trial meetings etc. Justin was the laywer for him and not only is he the MOST thorough he is the most out for justice. He found the errors that the officers made and he used it to my friends advantage. He went above and beyond to find the best resolution with the crown. He went above and beyond to give my friend all his options. And the best part is that NO CRIMINAL CHARGES. It was reduced basically down to a speeding ticket as a result of Justins hard work. The whole firm is stellar. They take time to go through your disclosure to confirm any and all details are correct.The justice system is a corrupted one and im thankful these lawyers know how to find a way to help us through that. Justin once again did an amazing job. Susan at the firm is great she helps out with payment plans etc. Brenda is great. Robert of course its just a great team of laywers. Do not go anywhere else ! I will recommend them time and time again.read more
TAYLOR STEVENS
19:28 26 Jun 18
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