Over .08 Charge

Over .08 Charge 2020-02-20T17:28:27+00:00

Over .80 Defence Lawyers in Edmonton

Over 80 or Over 0.80 Defence LawyersDriving Over 80 or driving Over 0.80 is a charge that is set out by s.253(1)(b) of the Criminal Code. This charge will be laid after the police have obtained evidence that you had a blood alcohol content that exceeded 80 mgs of alcohol in 100 ml of blood. The police can obtain this evidence in two ways:

The police can have you provide a breath sample into an evidentiary instrument, or what is more commonly known as a ‘breathalyzer’ at the police station.

The police can lawfully arrest you and bring you to the police station for the purposes of obtaining a breath sample when they have reasonable and probable grounds to believe that you were operating a vehicle while you were impaired by alcohol. The police can develop grounds for the arrest through observation alone, (such as witnessing a poor driving pattern and smelling alcohol on your breath), or by administering a roadside screening device. The roadside-screening device is a small device that takes a sample of your breath and determines whether you have a blood alcohol content (BAC) of over or under 80 milligrams of alcohol in 100 millilitres of blood. If your BAC is over 80, the device will register a ‘fail’. This automatically authorizes the police to bring you back to the station for the purpose of obtaining further samples of your breath. At the station, you will blow into an instrument that will provide the police and the Crown with a more precise reading of your BAC. If you do not fail the roadside-screening test, you may have your licence temporarily suspended, but will not have to contend with a criminal charge.

The police can obtain a sample of your breath by taking and analyzing a sample of your blood.

Blood samples are a less frequent manner of proving that an individual’s BAC was over 80. Typically, blood samples will be taken following a collision or other medical emergency that renders the accused person incapable of being brought back to the police station within a reasonable time frame. When the police intend to obtain a sample of your blood, they will typically follow you to the hospital and ask that you voluntarily provide them with a blood sample. This sample will be drawn by a doctor or another qualified medical practitioner. If you are unconscious or incapable of responding to the demand, the police can also get a warrant that will authorize them to seize blood samples from the hospital at a later time. That is, when you are admitted to the hospital, blood samples will usually be drawn for hospital purposes. It is these samples that will later be seized and analyzed by the police, providing them with a more accurate reading of your BAC at the time of the offence.

Once the police have evidence that you had a BAC of over 80 while driving, they will often lay this charge alongside of the s. 253(1)(a) impaired driving charge. Even though you can ultimately only be convicted of either impaired driving or over 80, you will still have to defend both at trial.

Defending an Over 80 Charge in Edmonton

Defending an Over 80 charge is a fairly difficult task, particularly since there is usually very clear and objective evidence that can confirm that you are guilty of this offence. Notwithstanding this fact, we successfully defend Impaired and Over 80 charges on a regular basis. The most effective way for us to defend this charge is by arguing that the evidence against you was unlawfully obtained, and that it should therefore be excluded from your trial. Alternatively, it sometimes happens that there were mechanical deficiencies in the instrument that was used to take your breath samples, or other technical issues that can lend to your defence. There is no way of knowing for sure what the defences are until we thoroughly review the police information package. Even if you are thinking of pleading guilty, it is well worth the time to review the police evidence first before committing to a course of action.

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Colten Perozak
Colten Perozak
15:16 20 May 20
I was represented by Anny Wang for my failure to blow case. She was very professional and attentive. In the end, she... did exactly what was required and I highly suggest anyone with a similar case to contact Anny. You won't regret it.read more
Katie Duncan
Katie Duncan
21:46 06 Apr 20
Everyone i interacted with here was extremely friendly and helpful. Anny Wang helped me feel at ease about my situation... that all of the other lawyers i consulted with did not. Overall my experience here was concise and clear, and I ended up with the best outcome I could've hoped for. She even offered to lower her pricing because of my financial situation. I highly recommend seeing them if you need a lawyer!read more
Denber Perez
Denber Perez
23:05 05 Apr 20
Dealing with Anny Wang was a pleasure. They stood out of all the firms I talked to and now I know I made the right... choice. Exceptional and outstanding. Everything was straight forward, I was always informed of everything going on. Highly recommend them.read more
Jenna Keiller
Jenna Keiller
12:25 12 Mar 20
Savage Oykhman Law has a fantastic team of hardworking experts, who cared greatly for my case, as I know they will for... your's as well. Daniel Murphy sympathized with my circumstances, while advocating with determination for a reasonable judgement. As I agreed with the professionalism of Daniel Murphy and his assistant Christine, and their consideration towards the sensitivity of my unfortunate circumstances. It was worth giving them the chance to solve my issues, to my surprise, they went above and beyond my expectations, while keeping my mind level throughout the process. My charge ended up being dropped. I honestly cannot thank-you enough, for all your hard-work and help!read more
Leon B
Leon B
19:01 24 Feb 20
This firm is awesome! Dan Murphy represented me he addressed any doubts I had about my case and gave me the correct... legal advise when I asked him. The staff is very friendly and helpful. Dan Murphy got my charges dropped within months and for that I would say hes not only a winner but a Champion! I am so glad I had him representing me!read more
Eddie Tyre
Eddie Tyre
00:31 14 Feb 20
Anny Wang is a pleasure to work with! I had consulted with a few lawyers prior to meeting with Anny Wang, and she... definitely stood out. She is unassuming, knowledgeable, and gives concise advice to move forward. She provided diligent updates and resolved the issue much quicker than expected. She truly takes care of her clients. Highly recommended!read more
Kang Danielle
Kang Danielle
17:09 21 Nov 19
Dan Murphy gave me the best option so everyone involved didn’t have to waste their time. It was super easy from the... beginning to the end, and I’m very pleased with the way it turned out. The staff are very professional and attentive to meet your needs. I hope you don’t have to meet a lawyer, but if you do, I highly recommend this firm.read more
Chris Edmonton
Chris Edmonton
19:17 19 Nov 19
I was represented by Anny Wang (and Danielle) and both were a pleasure to deal with! My case was withdrawn in the end... after their hard work and recommendations. She was easy to deal with, went into thorough details and whenever possible, reached out to myself with updates. In general though, everyone at Savage Oykhman were easy to deal with, including the front desk. While I hope to never run into needing their services, don't hesitate reaching out to Anny for any issues you may run into, I will certainly be keeping her card! Definitely earned the 5 star review and praise.read more
TJ Cekic
TJ Cekic
17:38 04 Nov 19
Anny Wang is amazing! My case got completely thrown out. She is compassionate, amazing and very well educated in many... fields of law. The whole team at Savage Oykhman Edmonton is absolutely amazing and helpful. I would recommend this law firm to absolutely anyone!! I give them a 5+++ rating. Absolutely amazing.read more
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