Impaired driving

Expert Impaired Driving Defence in Brampton | RRM Law

Rather than just being drunk, impaired driving describes a condition in which a driver's capacity to operate a vehicle is hampered by alcohol or drugs. It indicates that the person's capacity to drive safely has been impacted by alcohol or drug use, even if they are not legally deemed to be "drunk."

Fighting Impaired Driving

As Brampton-based attorneys that focus on matters involving impaired driving, we are aware of the serious consequences that come with these accusations and how important it is to get our clients the best possible results.

In Brampton, Ontario, RRM Law is committed to offering superior defence counsel to those who are accused of driving under the influence. We have a track record of success and proficiency negotiating the complexity of driving under the influence situations.

Please get in touch with us for a private consultation about your case, or keep reading to learn how our knowledgeable defence attorneys can help.

Even though it could seem overwhelming, it's crucial to keep in mind that a charge of driving while intoxicated does not guarantee a conviction. In the end, only a judge can decide if you are guilty or innocent. Using our wealth of knowledge and the recommendations of our pleased customers, we are sure that we can successfully fight charges of driving under the influence and get the best possible result for you.

How do we assist our clients?

As your attorneys, we will handle your case with steadfast attention to detail and the goal of obtaining a result that works in your advantage. To make sure that no detail is overlooked, we shall adhere to the procedures listed below.

• Gaining an understanding of your viewpoint: We start by paying close attention to your description of the event in order to fully get the who, what, when, where, and how of it all. This gives us a thorough grasp of the events that preceded the officer's stop and what happened at the police station afterward.

• Gathering evidence and disclosure: Our team will make the required arrangements to acquire crucial records, including witness statements, the police report, and disclosure from the Crown Attorney. We will carefully examine "what they have" after we have this information, making sure you are updated and involved in the defence process at all times.

• Extensive review and preparation: Equipped with all pertinent data, our team of attorneys specialising in driving under the influence will carefully examine each and every aspect of your case. We will investigate whether your rights were violated, evaluate the veracity of the accusations of driving while intoxicated, and look for any procedural flaws that might be to your advantage.

• Pre-trial negotiations: We will have pre-trial talks with the Crown Attorney after a thorough examination of the facts. This could entail negotiating reduced penalties similar to moving infractions, asking to have the charges removed, or getting ready for trial if needed.

• Trial preparedness and defence plan: We will carefully craft a strong defence plan in the event that your driving while intoxicated case goes to trial. This entails preparing thoroughly for the cross-examination of police officers and witnesses, making strong legal arguments, and supporting your case with pertinent precedents from Canadian case law.

Speak with RRM Law right away if you are accused of driving while intoxicated. In order to get a good result for you, including having charges dropped, keeping your driver's licence intact, and avoiding a criminal record, we are dedicated to pursuing every legal avenue. Let's talk about how we can strengthen your case.

Litigating Impaired Driving

A careful case analysis is required when defending against an accusation of driving while intoxicated.

Accused Actions: 

• Carefully review the circumstances to ascertain when the offense actually occurred.

• Examine the evidence against the driver, such as the witness testimony, breathalyzer results, and any relevant video footage.

• Contest the driver's guilt and raise questions about whether or not they were impaired at the time of the collision.

Police Procedure Compliance: 

• Determine if the investigating police officer complied with all applicable laws.

• Examine the officer's adherence to all procedural rules, including those pertaining to the legitimacy of the traffic stop, administering sobriety tests, and managing evidence.

• Find any procedural flaws or rights violations that could render the evidence used in court illegal.

            Court System Handling

• evaluating the way the court handled the case.

• evaluating the impartiality of the legal system, the timeliness and equity of the procedures, and the proper filing and handling of court documents.

• ensuring the accused has a fair trial and taking advantage of any procedural flaws that could work in the defence's favour.

                        Legal Motions, Arguments, case Law:

• using court motions, developing strong defences, and consulting pertinent criminal case precedents.

• entails bringing up relevant legal precedents, submitting pre-trial motions, and challenging the admissibility of evidence in order to support the defence.

• Create a compelling legal strategy that challenges the prosecution's evidence and seeks to get the charges dropped or lessened.

Impaired Driving Trials

What happens in a criminal trial for driving under the influence? This is how a typical judicial proceeding goes:

1. Arraignment Phase: The trial begins with the arraignment, during which the defendant is asked to enter a plea of guilty or not guilty after hearing the accusations read out in court.

2. Crown's Presentation: The prosecution is represented by the Crown Attorney, who makes their case before the court after the arraignment. In order to prove that the accused was operating a vehicle while intoxicated, this entails presenting evidence and calling witnesses, such as arresting officers. The results of breathalyzer tests, police observations, witness accounts, and any remarks made by the accused may all be considered evidence.

3. Defence Cross-Examination: The defence attorney can question each witness the Crown has called in an effort to cast doubt on their credibility or dependability or to unearth evidence that would support the accused.

4. The Defense's Case: The Defense may now make its case following the Crown's presentation of evidence. This could entail summoning witnesses—including experts—to testify on behalf of the accused in order to refute the evidence presented by the Crown. Though it's not required, the accused may decide to testify if they feel it would be beneficial to do so after discussing the matter with their attorney.

5. Legal Arguments & Case Law: To bolster its position or address a legal matter, the defence may present legal arguments and quote pertinent criminal case law. To do this, one must show how earlier decisions support the accused's legal interpretation by interpreting legislation and precedents in a way that is consistent with the accused's situation.

6. Closing Arguments: Summarizing the evidence and arguing for its interpretation in light of the law, the defence and the prosecution present closing arguments..

7.Judge's Decision: In a judge-only trial, which is typical for offences involving drunk driving, the judge considers the facts and arguments put out before reaching a decision. Whether the Crown has established the accused's guilt beyond a reasonable doubt is up to the judge to decide. The defendant must be declared not guilty and acquitted if there is a reasonable doubt. On the other hand, the court finds the accused guilty if the evidence points to a conviction.

8. Sentencing: In the event that the defendant is found guilty, a hearing is held to establish the suitable sentence. Depending on the seriousness of the infraction and additional variables like past convictions, penalties for driving while intoxicated may include fines, driving restrictions, or even incarceration.

Impaired Driving Pretrials

Like many court cases, situations involving drunk driving frequently go through a number of stages before going to trial. The "pretrial," where the Crown attorney and your defense attorney debate and negotiate the case's details, is one crucial phase.

The defense and the Crown attorney, or prosecutor, meet at pretrial to discuss the following important issues:

1. Evidentiary Issues: This involves carefully examining the collected data to determine its dependability and admissibility. We look at things like the evidence's provenance, applicability, and compliance with trial requirements.

2. Trial Issues: In the event that the matter goes to trial, the parties talk about possible issues of disagreement. Factual disagreements, legal interpretations, and the applicability of particular legal principles are a few examples of these.

3. Basis for the Charge: In order to move forward with the charge, the Crown must provide a valid justification. The defense may challenge the validity or sufficiency of the charges' underlying grounds during the pretrial phase.

4. Potential Charge Reduction: One of the most important pretrial conversations is about the potential to drop the criminal charge in favor of a moving infraction. This is important since a traffic ticket for something like careless driving usually has fewer serious consequences than a criminal conviction.

5. Examining Settlements: Both parties may look for concessions like plea deals. The accused might do this in order to receive a lighter sentence or other concessions, or they might admit guilt to a lower charge.

6. Selecting Trial Procedures: After deliberations and bargaining, a choice is made about whether to settle the matter in pretrial proceedings or hold a trial.

Through the pretrial procedure, it is possible to settle criminal accusations without having to deal with the harsh consequences of a conviction, such as having your license suspended or getting a criminal record.

Impaired Driving Defence

Our staff of skilled impaired driving attorneys has a wealth of expertise defending clients in hundreds of instances, and they are committed to winning cases in court. Our strategy is centered on locating and using crucial issues in police investigations to our clients' advantage.

Our process starts with a careful examination of the relevant case facts. This methodical procedure seeks to develop a strong defensive plan by focusing on multiple important areas:

- Examining the Events Leading Up to the Arrest: In order to spot any procedural or legal abnormalities, we closely review the events and activities that led up to the arrest.

- Examining the Arrest Process: We examine everything that happened during the arrest, including the actions and choices made by the police.

- Evaluating Police Interactions and Procedures: In order to make sure that the police are abiding by the law, we evaluate the interactions and procedures they use.

Evaluating Legal Compliance: We ascertain whether the police activities were lawful and whether they complied with existing legal guidelines.

- Investigating Rights Violations: Throughout the course of the investigation and arrest procedure, we look for any possible violations of your rights.

Examining Technical Defenses: We utilize both technical defenses that can be relevant to your case and pertinent criminal case law.

Police personnel are required to follow stringent protocols while gathering and presenting evidence in situations involving impaired driving. Considering the significance of legal accuracy and procedural integrity in criminal cases, our strategic approach centers on a thorough analysis of all aspects of police process.

We watch out for your rights and look for any legal missteps or mistakes that could help build a stronger case for you. This thorough examination is necessary to give you the best possible defense in your case involving impaired driving.

The Value of Expertise: Choosing a Lawyer Focused on Impaired Driving

The background and standing of your criminal defense attorney might have a big influence on your case. Our defense attorneys are committed to supplying thorough assistance throughout the entire defense process, including:

- Identifying Legal Challenges: To make sure you are aware of all the legal nuances and possible problems in your case, we actively draw your attention to them.

- Discovering Defenses: To give you a complete picture of your alternatives, our staff carefully examines your case to identify plausible defenses, strong legal arguments, and pertinent case law.

- Helping You Through Legal Processes: We take a hands-on approach to help you through the legal system's intricacies, tenaciously defending your rights every step of the way.

Our counsel includes every component required for a strong defense:

- Ongoing Legal Counsel: We make sure you are educated and ready at every turn by offering you ongoing, professional legal guidance throughout your case.

- Securing Vital Evidence: We go above and above to gather vital evidence and carefully examine any prosecution-provided material in support of your defense.

- Court Representation: We represent you in all court proceedings, fervently arguing your case and making a strong impression.

- Dealing with the Prosecution: We represent your interests and talk about possible solutions in all correspondence and conversations with the prosecution.

- Crafting Legal Arguments: Both in pre-trial settings and during trial, our team painstakingly prepares and delivers legal arguments customized to the particulars of your case.

- Trial Representation: Should your matter go to trial, we will vigorously defend you in court as your unwavering defenders.

Even though you can frequently avoid court appearances thanks to our counsel, we make sure you are present when it matters most, such on the day of the final trial, and that our legal knowledge is with you at all times.

As your legal representatives, we pledge to represent you in all court procedures with skill and knowledge.

How can we help you?

As experienced criminal defense attorneys, we have successfully defended many clients in a wide range of criminal cases across the Greater Toronto Area (GTA). We've successfully handled charges of driving after intoxication for a long time because to our expertise and experience.

As your criminal defense attorneys, we bring a plethora of experience and information to the table:

- Our experience as  lawyers gives us a unique perspective on the tactics used by the prosecution.

Our in-depth knowledge of legislation pertaining to driving while intoxicated allows us to create compelling defenses that are specific to your situation.

- Our proficiency with the legal system improves our performance in court.

- Our case outcomes' proven success highlights our knowledge and steadfast dedication.

- Our many years of practical experience in the industry have given us the expertise needed to handle challenging legal situations.

Our top priority as your defense attorney is to tenaciously defend and protect:

- Understanding the value of your reputation in both your personal and professional lives.

- Your driver's license, which is essential to your independence and movement.

- Your job, since legal matters may significantly impact your reputation in the workplace.

- Your criminal history, as we work to avoid any lingering effects on your chances for the future.

Please give us a call right now to talk about your suspected drunk driving offense. You can start the process of contesting the charge and protecting your future by speaking with a member of our team of attorneys.