One of the most common ways in which any Canadian citizen encounters the country's criminal prosecution system for the first time is through a DUI or Driving Under Influence charge. Many a times the offenders are young and clueless about what they should do or what is going to happen once they have been apprehended by the police authorities and have been tested positive for driving under influence. Although it always better to follow the laws and avoid any situation where you might have to face a legal charge, in case such a circumstance does arise, the best course would be to take advise from a Brampton defence lawyer such as Mitch Engel Law Brampton. The team of expert criminal lawyers from this law firm will not only ensure that the case of the accused is presented with all the possible defences but will also make efforts to avoid a drunk driving conviction which can come up as a permanent criminal record for life.
In order to avoid a drunk driving conviction, it is very necessary to understand what driving under influence is. According to the Criminal Code of Canada, driving under influence means driving any motor vehicle under the influence of alcohol or drugs and the influence is to the extent that it can reasonably be presumed to affect the motor or mental abilities of the driver, making him susceptible to accidents. Some of the most common tests to determine whether the driver was under influence or not are:
" Breath Test (usually for alcohol testing)
" Blood Test (usually for drug testing)
" Urine Test (usually for drug testing)
" Field Sobriety Test (usually conducted before taking the driver into custody)
It is also necessary to understand what the consequences of a legal proceeding related to DUI may be. While hiring a Brampton criminal lawyer to represent the accused in court can mitigate some of the charges, the accused could still face a fine or jail term if the above stated tests are proved positive. The following are the penalties levied under Canadian law for DUI:
" For a first time offence - $1000 fine and 12 months driving restriction.
" For second offence, a jail term of 30 days along with 24 months driving restriction.
" For third offence, a jail term of 120 days and a 36 months driving restriction.
Apart from these, for continued offences, there are several other forms of penalties which may be levied as the judge deems appropriate. Some such penalties include:
" Impounding of vehicle
" Cancelling of driver's license
" Community service
" Probation
" Compulsory attendance for a DUI education course
It would also be best to know some of the most common defences which a criminal defence lawyer Brampton will usually take to defend the accused. The most common defence is regarding the legality of arrest since by law it is required that there should be no doubt in the mind of the police officer making the arrest that the driver is under influence. If subsequently the blood test fails to show the presence of drugs or alcohol, the arrest becomes illegal. Another defence which a Brampton criminal defence lawyer will take is regarding the field sobriety test i.e. whether the driver volunteered to undergo the test himself or not.
In order to avoid a drunk driving conviction, it is very necessary to understand what driving under influence is. According to the Criminal Code of Canada, driving under influence means driving any motor vehicle under the influence of alcohol or drugs and the influence is to the extent that it can reasonably be presumed to affect the motor or mental abilities of the driver, making him susceptible to accidents. Some of the most common tests to determine whether the driver was under influence or not are:
" Breath Test (usually for alcohol testing)
" Blood Test (usually for drug testing)
" Urine Test (usually for drug testing)
" Field Sobriety Test (usually conducted before taking the driver into custody)
It is also necessary to understand what the consequences of a legal proceeding related to DUI may be. While hiring a Brampton criminal lawyer to represent the accused in court can mitigate some of the charges, the accused could still face a fine or jail term if the above stated tests are proved positive. The following are the penalties levied under Canadian law for DUI:
" For a first time offence - $1000 fine and 12 months driving restriction.
" For second offence, a jail term of 30 days along with 24 months driving restriction.
" For third offence, a jail term of 120 days and a 36 months driving restriction.
Apart from these, for continued offences, there are several other forms of penalties which may be levied as the judge deems appropriate. Some such penalties include:
" Impounding of vehicle
" Cancelling of driver's license
" Community service
" Probation
" Compulsory attendance for a DUI education course
It would also be best to know some of the most common defences which a criminal defence lawyer Brampton will usually take to defend the accused. The most common defence is regarding the legality of arrest since by law it is required that there should be no doubt in the mind of the police officer making the arrest that the driver is under influence. If subsequently the blood test fails to show the presence of drugs or alcohol, the arrest becomes illegal. Another defence which a Brampton criminal defence lawyer will take is regarding the field sobriety test i.e. whether the driver volunteered to undergo the test himself or not.
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