Impaired Driving [DUI] Charges
Being charged under the Criminal Code of Canada can have severe implications, not only financially but also for your personal freedom and/or future prospects. The penalties for criminal charges are often substantial, and even in the much less sever cases where no one was hurt and it was the offenders first offense, Impaired Driving at the least, can cost you your ability to drive a car for an extended period of time or indefinitely in addition to fines and potential jail, this can certainly be considered life altering for alot of clients. Most criminal matters generally carry life-altering consequences such as a Monetary Fine, Criminal Record, Imprisonment, or all three. Below is a breakdown of some of the most frequently asked questions and general responses regarding Impaired Driving [DUI].

Section 320. 14 (1) of the Criminal Code of Canada, CCC states that:

“Everyone commits an offence who: “a” operates a conveyance (vehicle) while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;

Whereas, subsection 14 (1) “b”, deems any one is impaired if the person, within two hours after ceasing to operate a conveyance (vehicle), a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;

What is BAC?
It is a blood-alcohol concentration. This type of offence is usually referred to by lawyers as a “per se” offence, which is an offence that is fundamentally based on the individual’s BAC Level.

Do the police have the right to stop me and request a screening test?
In Ontario, the police have legal rights to request basic information about the driver and the vehicles. The police are also entitled to make random checkpoints for DUI screenings.

If there is a DUI checkpoint, Do I have a legal right to make a U-Turn and go in the opposite directions avoiding the Police?
Short answer is “Yes and No”. In Canada, individual has a constitutional right to be free of any arbitrary detention, including from the Police. However, if the U-turn is done without a proper road exit, such a maneuver may raise the suspicion of the police and thus become a probable cause for following and stopping you.

How do the Police Measure Impaired Driving?
There are a few ways by which the police measure impaired Driving
- Conducting a series of standardized sobriety tests
- Blow into a roadside screening device (i.e. breathalyzer)
- Providing an oral fluid sample at roadside, so the police can measure in a screening device.

During a Police screening checkpoint do I have the right to consult with a lawyer?
No, the right to consult with a lawyer arises only if the police screening at the checkpoint leads to a DUI arrest. However, if the police overstep the legal boundaries outlined by law; this type of police overreach can be a ground for a Charter Rights’ violation.

Can I refuse a roadside screening test, requested by the police at a checkpoint?
No, police can charge you with an offence of “failure to comply with a breath demand made by a police officer. This type of refusal is an offence in itself and carries heavy penalties.

How long does it take the police to provide the details upon arrest for a DUI?
The police are under a legal obligation to make sure that there is no unreasonable delay during the whole process of investigation and provide all the fruits of its investigation to the accused.

How long does it take for a DUI case to make it to Trial?
The Charter of Rights and Freedom, provides Right to Trial within a reasonable time. Thus, it is necessary for the prosecution and court system to conduct the trial within a reasonable timeframe.

How do defence lawyers fight these types of DUI cases?
To win these types of cases, lawyers look for three main things:
-Has the driver committed the offence as the police allege?
-While being stopped, did the police officers make a mistake or did they do everything properly?
-Have the Crown prosecutor’s office followed all the proper procedures as required?

However, even if the above three elements exist, for which lawyers use a Latin expression of “Prima facie” or “at first sight” to describe it, defence lawyers may still be able to challenge the facts of the case, contest the evidence as presented by the Crown prosecutor, or cross examine the witnesses to find some contradictory testimonies that may support their cases.

What are the Defences that may be available to DUI cases?
Generally speaking, there are many legal and constitutional aspects that may assist the case. Conducting a full detailed review as to why the police made the arrest, we examine the followings:
-Why did the police make the arrest?
-What events/acts did lead up to the arrest?
-Did the police follow all their required protocols?
-Were any of the constitutional rights of the person violated in the process?
-What types of technical evidentiary issues may exist?
-Always talk to a Drunk driving attorney in Mississauga for a Mississauga impaired driving defense.

What is Pre-Trial?

It is when our lawyers arrange to meet the Crown Prosecutors to review the case in details. Among many issue that will be discussed include the followings;

-What are the outstanding issues at trial?
-What are the grounds to support the charges?
-Are there any evidentiary issues of disagreement?
-Are the Crown Prosecutors assigned to the case open to settle the case for lesser charges?

Do all DUI cases end up in Trial?
The short answer is No. It depends, on the nature and the context of each case, the background of the offender, and the absence of aggravated factors, etc. All these types of factors may assist us to go for a resolution instead of a trial. Thus, a DUI may be negotiated with the Crown Prosecutor in order to reduce it to a non-criminal traffic charges such as careless driving. As a result, a person will avoid a criminal record, and/or suspension of his/her driving license.

Sexual Assault Charges
Sexual assault is a grave offense that can have severe legal consequences in Ontario, Canada. The law in Ontario takes sexual assault cases very seriously, and those charged with such offenses face the potential for significant penalties and long-term consequences. In this article, we will provide essential information about sexual assault charges in Ontario, along with answers to some frequently asked questions.

What is considered sexual assault in Ontario?
In Ontario, sexual assault is defined as any non-consensual sexual activity that involves touching, fondling, or penetration. It includes situations where the victim is incapable of consenting or does not freely give consent due to fear, force, threats, or intoxication.

What are the penalties for sexual assault in Ontario?
The penalties for sexual assault can vary based on the severity of the offense and whether the accused is charged with a summary conviction or an indictable offense. Summary convictions can result in up to 18 months in jail, while indictable offenses may lead to life imprisonment.

Can sexual assault charges be withdrawn by the victim?
In Ontario, the decision to withdraw sexual assault charges lies with the prosecution, not the victim. Once charges are laid, it becomes a matter for the court. However, the victim's cooperation is crucial for the prosecution's case, and without it, the case may become weaker.

What is the age of consent for sexual activity in Ontario?
The age of consent for sexual activity in Ontario is 16 years old. Engaging in sexual activity with someone below this age, even if consensual, may lead to charges of statutory rape.

Is there a statute of limitations on sexual assault charges in Ontario?
In Ontario, there is no statute of limitations for sexual assault offenses. Charges can be laid at any time, regardless of how much time has passed since the alleged incident.

Can someone be charged with sexual assault if they were intoxicated during the incident?
Yes, being intoxicated is not a defense against a sexual assault charge. If the accused engaged in non-consensual sexual activity while intoxicated, they can still be held legally responsible for their actions.

What defenses are available against sexual assault charges?
Various defenses may be used against sexual assault charges, such as mistaken identity, lack of evidence, or proving that the sexual activity was consensual. However, every case is unique, and the appropriate defense strategy will depend on the specific circumstances.

Are there any legal consequences for making false sexual assault allegations?
Making false sexual assault allegations is a serious offense. If proven, the accuser could face criminal charges for public mischief or obstructing justice.

Conclusion
If you are facing an Impaired Driving Charge, Sexual assault charges, or any Criminal Charge, and looking for a Drunk driving lawyer near me Mississauga or Sexual assault lawyer Mississauga sexual assault defense attorney call Heiblo law, it is imperative that you seek professional legal advice and representation sooner then later. Heiblo Law offers such services throughout the GTA with an office conveniently located in Mississauga and in Toronto at the collaborative location with NG Legal. Heiblo Law makes it a priority to being accessible throughout the GTA, call 647-317-1908 ext 3 to arrange for a free consultation.