The ultimate goal of any one of our clients who’s charged with impaired driving or a DUI is to ultimately get the charge dropped or withdrawn. I mean, that’s why you hire a lawyer, isn’t it? And that this is the vaccine question which I explained to them. How can we go about doing that or the ways and means of doing it? Every case is different. There’s no question but we’re often able to get charges dropped and withdrawn or we’re often able to plead to a careless driving and, and have the charge withdrawn. Now, how do we do that? Well, I’ll explain the steps involved. Now, first of all, the first thing we do when you hire us is we get a hold of the disclosure. That’s all the police notes reports, alcohol influence reports, breast certificates, surveillance video at the police station, you name it, we get it, consisting of all mean the average DUI case now there’s like 60 7080 100 pages, sometimes more of notes, believe it or not, with videos, etc. of you in the bathroom of surveillance in the cells, we need all of this stuff to formulate a proper opinion. So when I get that I spend several hours reviewing all of the videos and the the paper disclosure. And I formulate an opinion about the strengths or weaknesses, the crown case, to make to simplify it DUI, impaired driving law is very complicated. And often the police make procedural errors. They don’t process the file properly. There’s a real checklist of procedures and it’s difficult, I feel sorry for police of time, because there’s so many things they’ve got to do properly. There’s constitutional rights that you have in charter applications, and I can spot mistakes effectively that the police have made, I can determine if the appearance weak because you know, it’s equally consistent with a motor vehicle accident, the symptoms are the police. The sentence vocal? Fair enough. It’s a very technical area, there’s no question. And there’s there’s 1000s of cases on point, we understand this. We’re constantly reading case law and constantly analyzing. So the bottom line after about three or four hours of legal work, I’m able to fully understand the strengths and weaknesses for that case, and ready to provide you with an opinion. I also need your version events, though. So I meet with you. I review all the case with you and tell you what I think about it. And I also receive your version of this because that’s very important because your version in the context of the police version, I’m trying to, you know, conceptualize how to win. So I’ll be able to provide you with an opinion about whether your there are procedural errors, whether there are charter errors, the strength of them, some errors are so obvious, it’s a winning easily winning case. I hate to say a slam dunk but I hesitate to ever say that to a client but sometimes cases approach if they’re not a slam dunk, they approach it, are there cases there’s a good chance of winning and like you know, I can give you these odds within a range? Or it’s 5050 It depends on the judge depends you know, interpretation of case law or or it’s a weaker case we might win but it’s tough. Or look at this as a slam dunk a crown case you were you crawled out of the vehicle drunk back to the police cruiser and were passed out drunk I mean a no genius. Nowhere in the world can claim that we could bring revive Clarence Darrow from the states from the 20s and he wouldn’t be able to win that case so so some cases are unwinnable. So the bottom line is I now have an idea about whether there’s errors police errors, charter errors, and if there are that is great because it forms my basis where I can meet with the crown and attempt to convince the crown to drop the church. Now if it’s a charter issue when and by the way I also get your complete background because the client the crowd wants to know you’re a good person you coached baseball you’re a teacher got no prior criminal record community service that all goes through credit although it’s not swayed the day it helps. Okay? So when I meet with the crown in order to get one of these charges dropped and interio there’s the one way to do it. If there’s a convincing charter argument that your rights are breached your rights to counsel was breached you were filmed nude and the cells without being a privacy guide. There was no reasonable probable grounds and you refused I mean there’s there’s there’s literally hundreds of defenses and technicalities, I will find it and if it’s something that can’t be fixed and that’s the operative thing, if it’s something that can’t be fixed in other words, the crown can go back to the police and have the police amend their notes. I will disclose it to the crown and attempt to get it withdrawn and you know, I don’t go lightly to the crowd if I think there’s a mistake. Hopefully I’ve got enough credibility amongst the crowds now when I bring up something they they know I’m not fooling around. I don’t I just don’t make these things up. And I’m often successful and other other lawyers are in getting them to drop the charges because there’s no reasonable prospect of conviction. Some cases, there’s simply no reasonable prospect ignition. Now in other cases, by the way, it’s it’s more 5050 It depends on the crown you go to when it’s a 5050 charter case, like that. Some crowns are more liberal than others and giving deals or withdrawing charges, you’ve got to know your crown, you try and pick your crown if you can, if county counties let you do that, some do, some don’t, that you meet with, some are assigned by the way and others to kind of pick up the phone or at least I do, and or email them and deal with certain crowds. But I’m finding these days, particularly during COVID, if you’ve got something to hang your hat on, if there’s a procedure error, this 5050 chance to win I’m finding most crowds in the province are playing ball. And if they’re not outright withdrawing, they’re offering careless driving, plead under the Highway Traffic Act, and we’re trying to create a church. That’s an absolute win. I may god if you get a careless driving plea where you might lose your license for only three months, get the criminal charges withdrawn. That is always a win. I mean, a careless driving plea even halfway through the trial, when you’re offered, I consider to win. There’s no question about that. So no reasonable prospect of conviction, great withdraw the charge a 5050 case, liberal crowd offer a carolis. And by the way, crowds are offering careless errors during COVID. Much more again, we’re getting great results. Whenever we can hang our hat on mistake. It’s great. And they’re offering a lot of crowded trains. There’s a new policy that they’ll consider careless and low breath readings, which is great too as long as there’s not no aggravating circumstances, like children in the car or motor vehicle accident we can often get careless is offered for low readings. careless is or are always a win. Now there’s some times where the crown on a 5050 case, they’re not offering any deals, I see my client, let’s just go to trial, we got a shot at winning, the client wants to roll the dice. It’s not a bad case. For a baby, it’s better than 5050. We have to file a charter application at least 30 days before the trial sometimes much longer earlier than that, because there’s a confirmation hearing that they want to file say three months before, sometimes the crown never comes to grips with their file when they meet with me because they haven’t reviewed it very well. I can’t convince them. But a lot of times they’ll they’ll offer that carolis even on the day of trial. Oh my god, they look at my charter application. They read the case. So he’s right. No, no, I’m right. Because I told you that 10 months ago, but now you’re coming to grips with it. It’s a little bit like writing exams for some crowds. They don’t study till the night before and they then they go, Oh my god, I got a problem here. And the next day, we get a carolis. There’s nothing I could do. But there’s nothing I could do to convince him for until he saw all the materials. We had to do all that legal work and you had to spend all those legal fees. I mean, my god that has happened to me at our firm, our lawyers hundreds of times throughout our career unfortunately, it’s just the way the world but I like to get things dropped soon. Get a careless soon, but some crowns just won’t play ball that way. But I’ll tell you, there’s great deals to be had. You’re in COVID I hope the liberal measures continue post COVID because it’s moving the court system nicely. And don’t think because you’re charged with impaired driving or DUI that you can’t get this drop you may be able to if there’s some issues in your case, or if you have low readings. Thank you for watching our video, we are absolutely committed to bringing you the best possible criminal and DUI educational videos. If you found this video helpful, please like it and subscribe to our YouTube channel. If you’ve been charged with a criminal offence in Ontario and require our services, please click on the link in the description below.
By Published On: July 26, 2023Last Updated: June 26, 2024Categories: Impaired Driving/DUI, Video

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