A criminal defence lawyer’s top 5 tips for fighting an impaired driving charge
If you are pulled over while driving impaired, the most important thing you can do is co-operate with the police and comply with their demands, especially when they are testing your sobriety. If you are resistant and fail to follow their instructions, you may be charged with obstruction or “refusal,” which may make your case harder to defend. If you are charged with a refusal you will face the same jeopardy as if you were charged with “over 80,” but there will actually have fewer defences available to you than if you had provided the police with a sample of your breath.
If you are arrested and charged with an impaired driving offence, you will likely receive documents instructing you to attend a police station for fingerprinting and to attend court. Do as instructed by these documents and appear where and when you are required to do so. If you fail to attend fingerprinting or court, a warrant may be issued for your arrest and you may be charged with the additional offence of failing to appear.
If you have been arrested and charged, write down everything that happened in as much detail as possible. This detailed statement will help your lawyer identify potential defences and help you recall events that you may have to speak to if you need to take the stand in your own defence.
Immediately call our office so that we can start working on your case. Do not delay in choosing and hiring a lawyer, as your court date is likely coming up fast. If you wait too long to choose a lawyer, you may have to adjourn or set your matter to a later date to obtain counsel, or to allow your counsel time to prepare before speaking to your charges. This will only prolong the time that you will have a criminal charge affecting your life.
Do not be afraid or ashamed to talk to your defence lawyer if you struggle with alcohol dependency or substance abuse. If the charges were the result of an ongoing struggle with alcohol or drug addiction, you may be suitable for a curative discharge if you are willing to take significant, positive steps to address your problem. A curative discharge will not only help you avoid a criminal record; it will also help you with the steps you will have to take in order to apply for the discharge and address and overcome the addiction that led to your charges in the first place.
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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.
All our 30-60 minute free consultations are conducted with one of our Criminal Defence Lawyers and include the following steps:
Gathering of some personal information about you, such as your level of education, occupation, and citizenship status. This information can be crucial for building your defence and seeking a resolution with the Crown Prosecutor;
Careful review of all documents you received from the police. We will explain what each document is, and what you can expect from and need to do for all upcoming appearances;
Critical review of your recollection of events, and any supporting materials you choose to bring with you. This step helps us identify possible defences and avenues for further investigation; and
Discussion of the court process, our fee structure, and what we can do to help.
Beyond these steps, we would be happy to tell you more about us, and answer any questions you may have. If you chose to retain us to help you, we will immediately provide an overview of what steps we plan to take next, and suggestions as to what you should do to improve your chances of a successful outcome.
We offer flexible payment options and structures designed to meet our clients’ individual needs. Our lawyers accept all major credit cards, bank drafts, money orders, email money transfers (e-transfers) and, of course, cash.
If you decide to retain us after the free initial consultation, all we need is a retainer (down payment) to get started. The rest of the fee payments for the case can be spaced out over time. We can set you up on a monthly or bi-monthly payment plan, and process payments over the telephone or by email to make it easy for you.
The cost of a criminal defence lawyer will depend on several factors, including:
how complex your case is,
how serious the charges are, and
how experienced the Criminal Defence lawyer is.
The fees of a competent Criminal Defence Lawyer will typically range into the thousands of dollars. The good news is that only a fraction of that amount is due initially. We offer flexible payment schedules so thefees can be paid in monthly installments.
Additionally, we offer flat rate fees, with no hidden costs. It is our standard practice to review all the costs during the free initial consultation. This means you will know exactly what our services cost at the outset and can make an informed decision about how to proceed.