The Most Common Drunk Driving Defences In Canada 

If you are new to Canada, then you need to understand that the country has complex drunk driving charges. The process can be frustrating. Hence gather the defences you could use or get a good impaired driving lawyer Brampton to help you with your case.  Remember that you are trying to avoid prosecution, fines, or inconveniences. Know the reasons you could give, as the defence can help you when facing legal proceedings. These defences offer insight and clarity into the legal system. Here are the drunk driving defences to put your mind at ease.

Drunk Driving Defences

The Breathalyzer is giving faulty results

Traffic officers use breathalyzers to determine blood alcohol levels (BAC). This is the major evidence in drunk driving cases. However, the device is prone to inaccurate results. Possible errors include operator error, improper calibration, or medical conditions of individuals preventing them from giving a reliable breath sample.

Hence, defendants can dispute the reliability of breath test results. This can cast doubt on the evidence the prosecutor presents.

Rising blood alcohol defence

Blood Alcohol Content (BAC) may keep increasing after a person stops driving. It happens mainly because of metabolism and the absorption of alcohol. This causes delayed timing between giving breathalyzer test and driving.

You can argue that your BAC was lower than the standard when you started driving. But it rose beyond the mark during breath test administration.

Necessity defence

It is applicable when you believe you committed the offence to prevent causing greater harm. For instance, driving under the influence to protect other people. However, you must prove that your decision outweighs the danger resulting from your offence.

Violation of charter rights

The charter protects the freedoms and rights of people from vindictive government action. Risks include unlawful government action. The charter includes law enforcement agencies. A violation of the charter rights of a defendant during arrest or even prosecution can set any evidence from such violations aside.

Common charter rights violations relating to drunk driving defences include denial of legal representation, coerced confessions, unlawful seizure, and search.

Errors arising from police procedure

There are specific procedures that police must follow when doing traffic stops, making arrests, or giving sobriety tests. Any deviation from protocols undermines the legality of such arrests and any evidence gathered. As a defendant, you can use these errors to challenge the validity of your arrest. Simply highlight the omissions or errors in police procedures, like failing to document your arrest.

Duress defence

A duress defence allows you to justify your actions. Tell the court if you received threats or coercion when you committed the offence. For example, did someone force you to drive under the influence by threatening your safety? Show to the court that the threat was real, immediate, and unavoidable.

Conclusion

It is possible to escape drunk driving. You must understand the defence at your disposal and legal precedents. Argue your defence well, whether it is a constitutional rights violation. You have to mount a strong legal defence and leverage the above defences. The Canadian justice system allows everyone to safeguard and mitigate their legal rights. Contact us if you need any clarification.

Category:Law & Legal
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