Michael Oykhman
A Criminal Defence Lawyer’s Top 5 Tips For Fighting An Impaired Driving Charge
If you are pulled over while driving impaired, the most important thing you can do is co-operate with the police and comply with their demands, especially when they are testing your sobriety. If you are resistant and fail to follow their instructions, you may be charged with obstruction or “refusal,” which may make your case harder to defend. If you are charged with a ...
Can I get charged with a DUI if I am driving while I am high on drugs?
Yes, you can get charged with impaired driving if you are found driving while high on drugs, including marijuana. The elements that the Crown must prove beyond a reasonable doubt in order for you to be convicted of this offence are almost the same as those in the case of impairment by alcohol/over 80. However, the manner in which the evidence of this offence is ...
What is a surety?
A surety is a person who will put a deposit up in the form of either cash or money to secure the release of an accused out on bail. Once the accused is released, the surety will be deemed responsible for the accused while they are out on bail. If you are considering acting as a surety, you will have to ensure the court ...
When can the police lawfully arrest me?
In Canada, the police can arrest you both with a warrant and without a warrant. Arrest with a warrant: When the police are arresting you with a warrant, it means that they have already gone through the preliminary process of laying an information or of formally charging you with an offence before a justice of the peace or a judge. After laying the information, ...
What should I do after I have been arrested?
After you are arrested you should write down everything that happened in as much detail as possible. This will help you to remember the events surrounding your arrest when you go to trial, and it will also help to ensure that no important details are missed when you are reviewing your matter with your criminal defence lawyer. If you were arrested and released, you ...
What is the penalty if I plead guilty or I am found guilty of a DUI?
DUI offences such as Impaired Driving, Over 80, Care or Control and Refusals all carry mandatory minimum sentences set by Parliament. The minimum sentences are set out in sections 255 and 259 of the Criminal Code of Canada. Although there are a few nuances, generally speaking, the sentence structure is as follows: For a first time offence, the mandatory minimum sentence is a $1,000 fine ...
How does a criminal trial work in Canada?
Criminal Process Steps in Canada When facing a criminal charge, it is crucial to consult a lawyer as early as possible. An experienced criminal defence lawyer can help you at all stages of the process, from maximizing your chances of being released on bail to appealing your verdict. Even before charges are formally laid, if you have reason to believe you may soon ...
Does the crown ever drop criminal charges?
Where criminal proceedings have been initiated against you, there are two ways that the Crown Prosecutor can stop the proceedings against you: 1. The Crown Prosecutor can stay the proceedings: The Crown Prosecutor can halt proceedings against you by telling the clerk that a stay will be entered. This means that the Crown Prosecutor will not continue to pursue your charges. However, the Crown ...
