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DUI Questions

Perry Mason said:
Must have been one of those cases where the evidence of DUI was, at best, marginal or the cops made some crucial mistakes and the police "overcharged" in order to encourage a plea on the lesser offence.
Perry
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People fight this charge and win very often.
Those who think such victories are rare have no clue about what they are talking about.

Sobriety tests can be marginal but nobody gets charged based on that.
Charges are based on the reading of the breathalyzer.
The limit is 80 but they generally won`t charge anybody unless they are over 100 unless there was an accident.

Any crucial mistake is grounds for aquittal.
Being pulled over without cause is not one of them.
There are also several Charter issues to consider.

"the police "overcharged" in order to encourage a plea on the lesser offence."
What the hell is this supposed to mean?

https://terb.cc/vbulletin/showthread.php?p=1233158#post1233158
 
question though it does not have to do specifically with this case it has to do with DUI
a friend once told me that if you get pulled over by the cops and you know you're going to blow over the legal limit the best thing you can do is, in full view of the cops, take a big swig from a bottle of alcohol (obviously itd help to have a flask handy) apparently, according to my friend, the cops cannot then prove that the alcohol on your breath when/if they give you a breathalyzer wasnt from the swig you just took and while they may charge you with an open alcohol container in your vehicle and make you get a cab home and park your car you won't get a DUI and the charge of open alchohol container is a small fine, no points
is any of this true at all?
 
There is no doubt that your friend should get a good DUI lawyer. I would reccomned Irwin Z. Isenstein. He's on Bay St and he is fantastic. He will leave no stone unturned in getting an aquittal. Depending on how far over the limit you friend was a "Carter" (not CHarter), defense is the best place to start. From there, there any many "Charter" defenses that he will use. There is a good chance that one of his rights was violated at some point in the process and if so the case will be tossed. The idea that cops don't continue to make mistakes is nonsense. You can PM me if you would like more advice but I'm telling you Irwin has defended 3 people I know personally and they have all been aquitted by one means or another. He travels all over doing just this work. He is a top guy, but he's not cheap.
 
Your "friend" is way better off paying a money to a lawyer (and maybe some rehab) then to the insurance company for the foreseeable future.
 
Perry Mason said:
A good lawyer knows the difference between when to fight and when to fold. Only a crappy lawyer thinks that fighting it is always the best case scenario... of course, it usually is for his bank account, but a good lawyer puts his client's interests first.

A judge always has discretion on sentence (not on the mandatory or minimums, of course) and the breaks always go to the defendant who pleads rather than the one that takes a trial in a hopeless situation...
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Not being a member of the Upper Canada Bar I don't really have a dog in this fight. However, as a general statement Perry is spot on in his comment above.
declined said:
A good lawyer that deals with impaired/over .80 has an excellent chance of getting an acquital. This is not the guy in the mall who does your will and divorce for $499. If he is in the GTA pm me for a name, A/V rated in Martindale and Hubbel, specilizes in impaireds. Charges around $7,500 as a block fee.
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Yes, and no. Obviously a lawyer who specializes in a particular area of the law is more familiar with the nuances of that area of the law than a lawyer who does not specialize in that field. That said the success of "hotshot" DUI lawyers depends on foul-ups by the police, or by the Crown in presenting the case that he can exploit to create reasonable doubt, rather than the "hotshot" having some sort of power to "bring down the fire." It probably isn't the case here, but there is nothing the Crown likes better than some big city "fight until the last dog dies" style lawyer coming into a small municipality and throughly antagonizing the Judge.

Other than a debate among lawyers what is there in this for the man who was arrested last night. Find a good Lawyer in this field - ask for recommendations or if he has a regular lawyer for a referral. Tell the Lawyer what he remembers, have the lawyer do some discovery and ask for his counsel. Even as Perry said a good lawyer will present you with recommendations. There are times when baring a miracle you are going to be convicted - yes you have the right for the Crown to prove the case against you - but if you aren't going to be imprisoned, pleading is sometimes the better choice. Then there are times when you have an excellent chance of prevailing and then there are the times when the odds are fifty-fifty. These are all matters to discuss with the lawyer.
 
Canada is very harsh on DUI then some other countries.
In Portugal you get a hundred dollard fine and thats it.
In many USA states its a misdemeanor first offence and you just get probation.

You cousin is fucked basically, its not the court imposed penalties that'll get him, its the insurance rates that will screw him.

Guy I know got busted for DUI and now just rents cars whenever he needs to drive, he cant afford insurance anymore period.

Lesson learned people, dont even think of driving after as much as one drink.
 
Esco! said:
Canada is very harsh on DUI then some other countries.
In Portugal you get a hundred dollard fine and thats it.
In many USA states its a misdemeanor first offence and you just get probation.

You cousin is fucked basically, its not the court imposed penalties that'll get him, its the insurance rates that will screw him.

Guy I know got busted for DUI and now just rents cars whenever he needs to drive, he cant afford insurance anymore period.

Lesson learned people, dont even think of driving after as much as one drink.
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Unless of course you are driving the police car.
 
woohoo said:
question though it does not have to do specifically with this case it has to do with DUI
a friend once told me that if you get pulled over by the cops and you know you're going to blow over the legal limit the best thing you can do is, in full view of the cops, take a big swig from a bottle of alcohol ...
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I have heard this about an accident, going into a bar and having a shot to "calm your nerves" but pulling out a flask while in the car is enough for them to charge you with a couple of offenses and might lead them to charge you with some sort of obstruction charge for pissing them off.

I'll admit though that this is just my logic speaking, not from the BAR association manual.
 
woohoo said:
question though it does not have to do specifically with this case it has to do with DUI
a friend once told me that if you get pulled over by the cops and you know you're going to blow over the legal limit the best thing you can do is, in full view of the cops, take a big swig from a bottle of alcohol (obviously itd help to have a flask handy) apparently, according to my friend, the cops cannot then prove that the alcohol on your breath when/if they give you a breathalyzer wasnt from the swig you just took and while they may charge you with an open alcohol container in your vehicle and make you get a cab home and park your car you won't get a DUI and the charge of open alchohol container is a small fine, no points
is any of this true at all?
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That's an urban legend w/ enough truth in it to make the papers every now and then. It's based on the fact and rule that the Breathalyser's not accurate right after you take a drink. But: The cops can just hang onto you until the appropriate mandated drinkless interval's passed then have you blow. You'd better have come under .08 by then or else. The various observable sobriety tests (straight line walk, touch nose etc.) are still available to the cops even though they're more trouble in court. But then you've already made their day tougher haven't you? As you pointed out there's still open alcohol and lotsa other things they can get you for, and they may just make a career out of it. At least consult w/ experts, the boys who strain stuff thru stockings in back alleys and find a mouthwash that messes the test w/o being illegal in cars.

But here's the real catch: What the Hell are you or anyone doing preparing to drive after drinking at all, let alone when you suspect you might blow over? We can only hope that everyone so stupid as to think that way also confuses bridge abutments with their own garage doors and removes themselves from the gene pool before reproducing. Think about it, tell yourself it was all a joke in questionable taste, and beat DUI the easy way. Just don't.
 
Esco! said:
Canada is very harsh on DUI then some other countries.
In Portugal you get a hundred dollard fine and thats it.
In many USA states its a misdemeanor first offence and you just get probation.…edit…
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Which is howcum Gordon Campbell's still Premier of BC, because he was smart enough to drink and drive in Hawaii where more than twice the blood alcohol level that would make him a criminal at home is just a misdemeanour.
 
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Another issue is going to the States, if you have a DUI conviction you are, in the eyes of America, a criminal and they may refuse you entry.
 
Esco! said:
Another issue is going to the States, if you have a DUI conviction you are, in the eyes of America, a criminal and they may refuse you entry.
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tje reverse is AUTOMATIC EXCLUSION from Canada for Americans with a DUI.
 
Esco! said:
Another issue is going to the States, if you have a DUI conviction you are, in the eyes of America, a criminal and they may refuse you entry.
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Well, actually it's Canada who says you're a criminal. They just take our word for it, even if you wouldn't be one under their laws. Perhaps that's why we exclude their DUIs—if the SapphireSmurfer's right—because their offence would be Criminal Code stuff here.
 
Some more info...

He was given two dates. For the first, he must go to the cop shop for identification, which I assume means fingerprinting and taking a photo.

The second date is about a week later at traffic court. Is that when the charge will be heard, or is that just to set a trial date?
 
Keebler Elf said:
So one of my cousins got picked up for driving while over the legal limit last night. Car towed and 90-day license suspension. He`s got to go to court in April/May.

What`s he looking at in terms of punishment? I`d imagine a hefty fine and points? It`s his first conviction for anything. Plus the hit on insurance.

Anyone been through this before? Can a lawyer do anything?
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So you laughed at me when i said that people dont go out as much because of drinking and driving concerns and you said your "Young friends" would laugh at you if you suggested that.......
https://terb.cc/vbulletin/showthread.php?t=142159&page=3
 
Perry Mason said:
And please do tell us which Crown Attorney or judge allows that to happen?

Only in your fantasies. :p

Perry
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Happens all the time at the Courthouse where I work.
 
Dancerfan said:
So you laughed at me when i said that people dont go out as much because of drinking and driving concerns and you said your "Young friends" would laugh at you if you suggested that.......
https://terb.cc/vbulletin/showthread.php?t=142159&page=3
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Unfortunately, it`s exactly that my cousin wasn`t thinking of the consequences of drinking and driving that got him into trouble.

Not going to SCs b/c you`re afraid of running into a police checkpoint is quite different from not going b/c your license has been suspended.
 
declined said:
I love it. You simply cannot admit you got it wrong.

Your ego is now driving your comments. You took a firm stand in an area of law that is out of your depth and you have to keep arguing to save face.

Plea bargains from a DUI to careless occur in every courthouse in the GTA, no I am not going to list the names of the Crowns involved on a prostitution web site. They are very unusual, but they regularly occur, if a competent defence lawyer has reviewed the facts, and they are presented properly to the Crown at a pretrial it is a possibility.

DUI in Ontario has mandatory minimums, plead guilty you get the minimum. Have a trial on a first offence, found guilty, 99% of the time you get the minimum.

Perry you are wrong and you cannot admit it. This is why people hate lawyers, they think they are always right, and the charge more than SP for something that they could never deliver, classic B&S.

Done with this thread, so go ahead and have the last word.
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Clearly Perry Mason is wrong, he must be from the the Gordie Goldman plea fan club.

Declined is correct that a plea to a lesser included offence of careless driving can occur from an impaired and over 80 charges. The Crown who you do your pretrial with will not agree to a plea to a careless without approval from the team leader of the Crowns office. The readings have to be pretty low maybe lower than 120 range.

Seems if Perry actually practices criminal law he would know that.

You always get a better deal at the eve of trial than you would if you pled at an earlier date. Why ? they schedule multiple trials in a courtroom and they just don't have enough time to conduct all the trials. Since you guy is out of custdoy, in custody trials have precedence first and if they don't reach your trial you have a 11(b) argument down the road.
 
I was there, good luck fighting unless the officer made a mistake on ticket. If hes over .08 done.
There is some major things he will need to do. Course, machine,
and more.
He is not obligated to inform insurance but they may eventually find out. My buddy was at least six months and I have been almost 2 years just keep paying his insurance.
Please tell him not to drive under suspension, I was 2 years before driving again and not once did I think about driving my car.
Feel free to PM me and I can give you all the info involving my situation.
Most people are uninformed of the ramifications of dui that are now in place and that dont advertise all that is involved.
Just so people know 3 beers/drinks in less than 1.5 hours will give most people a 24hr suspension or worse.
With the machine in my car, I can have a beer but usually cant start my car for about 1hr. Machince is set for .02.
Everybody has different metabolism and thats what is based on.
 
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