Many people know that the laws related to impaired driving are severe. What they may not realize is that those same laws also provide a foundation for contesting charges if certain procedures were not followed. Before assuming you have no defense that the court would accept, it pays to consult with a lawyer and find out what can be done. Here are a few events that help you understand what a lawyer could to on your behalf.
Valid Reasons for the Arrest
The responsibility of the police is to protect all people on the road. That includes those who may be driving under the influence. However, there must be a valid reason to pull over a driver and administer some type of test to determine there is a reason to suspect the individual is driving while impaired.
Based on the chain of events, it’s possible for your lawyer to determine if the police officer acted within the boundaries of current laws. You may have a viable defense if the officer finds it difficult to articulate reasons for pulling you over in the first place.
The Presence of a Language Barrier
Current laws require that the arresting officer speak to the person facing a possible drunk driving charge in Milton in a language that he or she can understand. If the language used by the officer is one that you do not speak well, that could also serve as grounds for fighting the charge.
A Formal Demand for a Breath Sample Using an Approved Instrument
While you may be taken into custody as a protective measure, the police are responsible for formally demanding a breath sample once you are there. Further, it must be conducted using a device approved by current laws and standards. A failure to demand the sample or to use an instrument that does not meet current standards provides the basis for the claims of driving while impaired.
The Timing of the Breath Test
When was the breath sample taken? Was it within 2 hours of the alleged driving while impaired? Timing matters in terms of obtaining accurate readings. When the readings can be challenged, your lawyer has grounds for challenging the charges.
Access to Legal Counsel
You are guaranteed the opportunity to consult with a lawyer in private. That right must be made known to you and provisions to meet with the lawyer in private must be made. If this is not done, your lawyer may have grounds to challenge the case.
If you are pulled over and arrested for driving under the influence of any type of substance, your best bet is to contact a Toronto criminal lawyer as quickly as possible. The lawyer will want to know everything that happened from the time you were pulled over until the legal counsel walked through the door. If something was not done properly, rest assured that activity will be part of your defense.