Clients often come to me and they say “look Mike, I blew over the legal limit – how the heck am I going to beat this in the court system?”
And that’s the question – a very valid question – that’s posed usually at our first interview.
You see, in Ontario, Canada, under our criminal code, it’s a very complex and technical area – blowing over the legal limit. The police make mistakes, the prosecutor makes mistakes. As a lawyer, when we receive your disclosure, we’re looking for those technicalities. We’re looking for those constitutional arguments which are often made, and that’s how you win these cases.
Mistakes are made in court, mistakes are made in papers. There’s literally thousands of case law decisions dealing with this situation, and lawyers who largely practice in this area know the defences – know how to win the case. So it’s now simply “hey I blew over the legal limit – I’m going to be found guilty.”
Bottom line is: in our system, the police often make mistakes. We can find those mistakes and the prosecutors often make mistakes. So this is why there’s a fairly large percentage of these cases can be won in this province – due to these errors, and if you hire a good lawyer, that lawyer can find those mistakes and hopefully win your case.