The prevalence of charges under Section 253 and 254 of the Criminal Code of Canada (“Criminal Code”) has dramatically increased in the Greater Toronto Area in the last two (2) years. Unlike other sections of the Criminal Code, impaired driving the related offences evince a complicated body of law, knowledge and practical skill set to lead to successful results in Ontario Courts. Police Forces in Toronto provide specialized training to their constables and the Crown Prosecutors who maintain carriage of such cases. Mr. Patel of our Toronto Office once secured this training and has the ongoing training and knowledge to successful levy challenges to the prosecution’s case and to marshal the requisite evidence required to mount the multitude of defences that may otherwise go undetected. When faced with these charges, it is paramount to secure the best counsel, within your means, to defend you against this unfortunate moment in your life.
As a former Crown Prosecutor with a Criminal Driving Unit in one of the jurisdictions that have resulted in the one of the most impaired driving charges, J.S. Patel, Barrister had prosecuted various cases, such as DUI, “Over-80”, refusing to provide a sample, on behalf of Her Majesty the Queen, and was trained by the top experts within the Royal Canadian Mounted Police (the “RCMP”). This training involved the use and repair of the evidentiary devices used by various police services in Canada, including the Road-Side Devices (i.e. the AlcoSensor FST, and the Intoxilyzer Devices). This knowledge is useful in detecting deficiencies and defences and the use and operation of these devices; and has resulted in a specialize knowledge base for the members and lawyers in our defence team when successfully defending DUI and Over-80 Charges. An exhaustive defence technique has been developed over the years and the amassed knowledge.
In most cases, we are never required to call our clients as witness to secure a victory against the prosecution’s case, even when the against is formidably stacked against our clients. We use an exhaustive, fact-specific, approach is deployed to evaluate each file on its merits to examine the veracity (or lack thereof) of any defences. These include exploring the (il)legality of the traffic stop by the members of the Ontario Provincial Police (OPP) or the Toronto Police Service (TPS), any weakness in their sequences of the events that the OPP or the TPS proceed with their investigation. This involves a consideration of the police’s compliance with the Canadian Charter of Rights and Freedoms (the “Charter”), with a view challenging: (a) their reasonable and probable grounds to attack the validity of their breath demands under section 254 of the of the Criminal Code positing a possible insufficiency of grounds under Section 8 of the Charter; (b) the sufficiency of the discharge of their ‘informational’ and ‘implementational’ duties under section 10(b) of the Charter (rights to counsel); and (c) various other Charter defences such as “over-holding”, “excessive force”, “strip-searches,” and the fairly potent remedy under Regina v. Jordan, 2016 SCC 26, wherein our clients have successfully seeked a stay proceedings due to an unreasonable delay in proceeding to trial through no fault of the defence
The firm founded by Mr. J.S. Patel, Barrister is surrounded by seasoned impaired driving lawyers. It is built on bedrock of significant trial success by dissecting the Crown’s case. In most cases, we have secured positive results (i.e. acquittals or stay of proceedings or a resolution for a careless driving charge under the Highway Traffic Act) without the necessity of calling our clients to testify.
When faced with DUI, “Over-80” or Refusing to Provide a Sample Charges in the Greater Toronto Area, you have the right to secure and mount a vigorous and effective defence. The correct strategic steps must be taken shortly after your release. In our view, this requires prompt action and diligence on your part.
Consult our blog and our Impaired Driving general information and resource page for updates on impaired driving laws in Canada.Call 1-888-695-2211 or 403-585-1960 or 647-323-1960 for an initial free thirty (30) minute telephone consultation. You may leave a confidential voice message, and a member of our office will return your call promptly. In the alternative, you may send your contact information to: firstname.lastname@example.org
Our client was facing various charges under criminal law including impaired driving, “Over 80” and dangerous driving. The allegation were significant In our view, the best defence for our client was under the Canadian Charter of Rights and Freedoms. Accordingly,...Read More