Driving Offenses Lawyer Services

Driving offenses include some of the most common types of criminal charges in Ontario. There are a variety of driving offenses you may be charged with, and the potential penalties depend on the proven severity of the infraction.

Whatever driving offense you may have been charged with, it is highly recommended to seek legal counsel to help explore the situation in detail and determine the best defense for your case.

Professional and experienced legal representation can make all the difference in avoiding a criminal conviction.

An excellent option for criminal defense against driving charges in Ontario is Mark Byers Law.

Driving Offenses

Mark Byers can help with driving offense like:

  • Impaired Driving (DWI)
  • DUI (Driving over 80)
  • Failure to Stop
  • Failure to Provide a Sample
  • Driving while Disqualified
  • Flight from Police
  • Dangerous Driving

Impaired Driving (DWI – Driving While Impaired)

An impaired Driving charge is based on the ability of the driver to operate a motor vehicle. If the driver is suspected of being under the influence of drugs or alcohol, a DWI charge may be laid if the driver’s actions are noticeably impaired.

Proof of impairment can be a difficult task for the crown, and a good criminal lawyer will analyze all the details of the case to raise such doubts.

DUI (Driving Over 80)

A DUI charge differs from a DWI charge in what the charge is based on.

A DWI charge is based on the driver’s actions and performance. Actions can be impaired by alcohol or drugs.

A DUI charge is based strictly on the level of alcohol found in the driver’s system.

However, just because you are over the legal limit of 80 does mean you will automatically be convicted.

An experienced DUI lawyer, like Mark Byers, can mount a defense based a variety of factors, such as:

  • Police procedure
  • Breathalyzer accuracy and function
  • Time elapsed
  • Failure to provide right to counsel
  • Many others…

Failure to Stop

Failure to stop at the scene of an accident is a criminal charge in Ontario and can result in serious penalties.

Penalties become harsher if it is proven that the driver fled the scene after knowing there were injuries to other drivers causing bodily harm or death.

A criminal lawyer can present a defense based on things like:

  • What constitutes an accident?
  • Was the driver aware an accident occurred?
  • Was the driver aware of injuries?
  • Proof of failure to stop

Failure to Provide a Sample

Failing to provide a requested breath or blood sample at a roadside stop may result in a criminal charge.

Even if a sample was refused, there are still defenses that can be applied to your case.

Some defenses may include:

  • Validity of demand
  • Right to counsel ignored
  • Equipment failure
  • Inadequate instructions
  • Reasonable excuse

Driving While Disqualified

The criminal charge of Driving While Disqualified refers to a driver operating a motor vehicle after they have been prohibited from doing so. This is usually because of a prior criminal conviction.

Driving with a suspended license is a serious charge and can have many negative repercussions.

Driving while disqualified can result in:

  • Loss of license
  • Vehicle being impounded
  • Increased insurance premiums
  • Fines
  • Incarceration

Flight from Police

Fleeing from the police is never recommended, but there are still defenses available if you are charged with Flight from Police.

In Flight from Police cases, it is up to the crown to prove:

  • The identity of the driver
  • That a request to stop was made by police
    • The request to stop was heard and understood
  • Time to stop was unreasonable
  • No valid excuse for fleeing

Dangerous Driving

A dangerous driving conviction can result in severe penalty and punishment. The crown will need to prove the nature of the danger and the likelihood of people being affected in the location were the offense occurred.

For a dangerous driving charge, the first step is to determine if there is a viable defense. The next step involves building up the character of the defendant to reduce the charge and avoid a criminal conviction.

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