As the title denotes, the Aitken Robertson team of criminal defence lawyers has compiled practical tips to offer our readers when it comes to beating a DUI charge. Yes, that’s right. All hope is not lost; it is possible to come out without a conviction. Let’s get right into it:
- Our criminal defence lawyers can advance the defence of identity where the police did not find you behind the wheel. This could happen in a post-accident situation.
- The Crown bears the onus to prove that you, the accused, were the driver of the vehicle at the time of the accident. You could have made some admissions to the police when they found you and spoke with you. The law is complex in this area. Our criminal defence lawyers know how to seek to have the admissions excluded from evidence. This is not a guarantee but is certainly a possibility.
2. Indicia of Impairment – Inconsistent Officer Statements
- Indicial of impairment refers to such things as slurry speech, lack of dexterity, red cheeks, glassy eyes, swaying, stumbling, unstable balance and so on. It is a fact that different police officers describe indicia of impairment in different ways.
- Officers are expected to be observant of an accused’s actions and to subsequent and more importantly, contemporaneously keeping accurate notes of the observations.
- Where the criminal defence lawyer can point to inconsistencies in the notes of the different officers involved in your case, he or she will be sure to do so. The exposure of such contradictions may leave the judge hearing your case in doubt as to whether or not you were in fact impaired.
- Recall a Crown has to prove your case beyond a reasonable doubt. If there is doubt in your case, the law states that the accused should be acquitted. The policy rationale here as that no innocent person should be punished and if the risk is there, then an acquittal is warranted.
The Aitken Robertson Team
The above is only a snapshot of defences available to those charged with DUI. If you are one of those people, then contact our office for a free 30-minute legal consultation. Based on the facts of your case, we will explain the potential defences available and the likelihood that one of our knowledgeable and experienced criminal defence lawyers.