Drinking and Driving - Fighting the Charges

You have been charged with a Drinking and Driving, or Impaired driving offence.

Should you fight the charge?

The severe penalties for impaired driving offences affect not only the accused driver, but his family, his ability to earn an income, and to drive.

The answer may be that you have NO CHOICE.

Considering the mandatory penalties involved with a Drinking and Driving Conviction, and you need to drive to earn an income, or drive to get to work, you have to dispute any drinking and driving charge.

The costs imposed by the Ministry of Transportation of two thousand dollars ($2000) , and the insurance implications mean that a conviction for a drinking and driving offence can cost the driver over fifty two thousand dollars ($52,000.00).

This cost alone can justify the cost of disputing the charge and hiring a lawyer.

A conviction for Drinking and Driving will cost at Least 52,000 dollars!

Although impaired driving cases may sound straight forward and simple, there are many obstacles that the Prosecution and the Police have to prove to register a conviction. As with any Canadian Criminal charge the Police and the Prosecution have to prove the case beyond a “reasonable doubt” before for a conviction can be entered.

The trial Judge has to be satisfied that the person committed the offence beyond a reasonable doubt. If there is any doubt in the Judge's mind he has to award it to the accused and find the person not guilty. So, if a Judge who says to himself, I’m seventy five percent sure the accused committed the offence but I have a twenty five percent doubt in my mind, he/she should dismiss the charge.

The Defence lawyer does not have to disprove all of the Prosecution's case. The Defence must shed or create reasonable doubt in the Judge's mind regarding the the offence. If the trial lawyer can do this or bring any of the Crown's case into disrepute, then the Judge should dismiss the charge. As well, the Police are required to do their job properly and legally. They have make a proper arrest, read you your rights, make required demands for breath samples, privacy issues with the lawyer at the Police station, and prepare the paper work and the case appropriately. If any evidence is obtained illegally, or improperly it should not be used against the accused. The lawyer will go over many other issues that are vital to the case against the accused.

No case is totally hopeless! The Police and Prosecution do not win every case that is presented to the courts.

Until the trial date, and until the evidence is given no one can say what is going to happen in court. There are numerous issues that must be proven beyond a reasonable doubt to find a person guilty of an Impaired Driving or Drinking and Driving charge.