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 refusal you will face the same jeopardy as if you were charged with “over 80,” but there will actually have fewer defences available to you than if you had provided the police with a sample of your breath.- If you are arrested and charged with an impaired driving offence, you will likely receive documents instructing you to attend a police station for fingerprinting and to attend court. Do as instructed by these documents and appear where and when you are required to do so. If you fail to attend fingerprinting or court, a warrant may be issued for your arrest and you may be charged with the additional offence of failing to appear.
- If you have been arrested and charged, write down everything that happened in as much detail as possible. This detailed statement will help your lawyer identify potential defences and help you recall events that you may have to speak to if you need to take the stand in your own defence.
- Immediately call our office so that we can start working on your case. Do not delay in choosing and hiring a lawyer, as your court date is likely coming up fast. If you wait too long to choose a lawyer, you may have to adjourn or set your matter to a later date to obtain counsel, or to allow your counsel time to prepare before speaking to your charges. This will only prolong the time that you will have a criminal charge affecting your life.
- Do not be afraid or ashamed to talk to your defence lawyer if you struggle with alcohol dependency or substance abuse. If the charges were the result of an ongoing struggle with alcohol or drug addiction, you may be suitable for a curative discharge if you are willing to take significant, positive steps to address your problem. A curative discharge will not only help you avoid a criminal record; it will also help you with the steps you will have to take in order to apply for the discharge and address and overcome the addiction that led to your charges in the first place.
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 refusal you will face the same jeopardy as if you were charged with “over 80,” but there will actually have fewer defences available to you than if you had provided the police with a sample of your breath.Related Posts
About The Author
Michael Oykhman
Managing Partner
Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.
My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.
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