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Charged with DUI in Ontario? Fight The Charges.
Toll-free at 1-800-668-1657 or freeconsult@callalawyer.ca

How Do You Win?

Although traffic ticket offences are provincial offences and not criminal offences, the standard of proof is the same as for offences under the Criminal Code, which is proof beyond a reasonable doubt, and the responsibility is on the prosecution to meet this burden.

Good defences to traffic tickets often turn on technical issues having to do with how the prosecution has not met the reasonable doubt standard. As experienced legal representatives, we can challenge the police officer’s evidence and raise a reasonable doubt, for example by questioning when and how the equipment used to lay the charge was tested.

Most Highway Traffic Act offences are strict liability offences. What that means is that after the prosecution proves the violation, it is up to you to show you exercised due diligence to prevent the illegal act. The standard of proof for you to prove due diligence, is on a balance of probabilities (rather than beyond a reasonable doubt). With experienced legal representation, you may have a better shot at convincing the court that, on a balance of probabilities, you had a legal justification for your actions in the circumstances. If the court is convinced, your charge could be dismissed.

The Provincial Offences Act, which covers all provincial offences, offers common law defences to traffic tickets on a case-by-case basis. That is to say that there may be defences that may be found in the caselaw rather than in any legislation, that are applicable to the particular facts of your case. A good legal representative will be familiar with the relevant caselaw.

The Provincial Offences Act also offers the possibility of the reduction of fines even where there are minimum fines set out in the regulation. These fines can sometimes be lowered, reduced or taken away altogether at the discretion of the Justice of the Peace if the right submissions are made.

There could also be a Charter challenge if there was an abuse of procedure in violation of your Charter rights. Examples of such violations would be unreasonable delay of the trial or unreasonable search and seizure of your vehicle. A successful Charter challenge could result in a dismissal of the case or an offer of a lesser charge.

And finally, any ambiguity on the face of the ticket, such as with regards to the charge laid, the fine, the particular section of the act, etc., should be interpreted in favour of the accused. It is worth it to have an experienced legal professional examine your ticket and give you an opinion before you decide how you will proceed with your charges.

 

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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
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
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
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
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
TAYLOR STEVENS
19:28 26 Jun 18
Google Rating
4.9
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