Are you a resident of Calgary or surrounding area who has been charged with an impaired driving offence? Batting, Wyman Barristers can help. Our team of experienced DUI lawyers can provide you with the strong legal representation you need to generate the best possible defence.
Impaired driving law has changed a great deal over the last number of years. Recent amendments to the Criminal Code have now made it easier for the Crown to obtain a conviction. The penalties should a conviction result have also increased. Given the technical nature of impaired driving prosecutions, it is imperative that an individual hire counsel with experience in this arena.
Impaired driving cases are one of the main focuses of our practice. We have conducted hundreds of such trials and are in court on a weekly basis defending clients. Consequently, we are extremely well versed with the arguments needed to obtain an acquittal. Once retained, our office obtains the Crown disclosure material. This constitutes the entirety of the prosecution’s case and includes the officer notes, Intoxilizer maintenance records, and any relevant media. Once this is acquired we meticulously evaluate the officer’s investigation searching for irregularities. At trial, these deficiencies are then exposed.
When an individual is arrested for impaired operation of a motor vehicle they are taken to the nearest police detachment in order to provide breath samples. Once at the station, it is the role of the breath technician to collect the evidentiary breath samples. This is accomplished by the client blowing into an Intoxilizer which produces their Blood Alcohol Concentration (BAC). Should their BCA exceed .08 grams of alcohol in 100 ml of blood, a charge will be laid. Like all Criminal Code offences, the client is presumed innocent until proven guilty. That said, when an individual is charged with an impaired driving offence, provincial legislation requires that their vehicle be impounded and that their license be suspended for 90 days. The impoundment costs are considerable; however, the immediate driving prohibition is often our client’s biggest concern at the outset. Given the time requirements, appealing the license suspension is our office’s first priority.
Impaired driving prosecutions are largely based on the quality of the officer’s investigation. The cases often focus on the Certificate of Analyst (the document generated from the Intoxilizer which shows the individual’s BAC) and whether it is admitted into evidence. It is the defence lawyer’s role to seek exclusion of this document. This can be achieved by way of constitutional Charter arguments or through non-compliance with the relevant Criminal Code provisions.