Drinking And Driving
DUI, Over 80 & Impaired Driving Lawyer In Scarborough
Dui- Over 80- Refuse Breath Sample- Drinking And Driving
Anyone can be stopped and charged with a drinking and driving offence and have their life turned upside down. Doctors, lawyers, bus drivers, office workers- anyone you know can suddenly be in the sights of the criminal justice system and be facing down the potential for a criminal record from an impaired driving conviction. People facing impaired driving charges turn to experienced criminal defence lawyers like Graham Zoppi for a complete DUI defence.
Having practiced solely criminal defence for the past 20 years, Graham Zoppi focuses on the defence of impaired driving cases and has represented DUI clients at all levels of court in Ontario. He has successfully defended clients from impaired driving/over 80, refusal to provide a sample, and impaired driving causing death or bodily harm charges. Graham Zoppi regularly fights impaired driving trials at the Scarborough courthouse and is known as a fierce and effective cross-examiner of police witnesses. Graham Zoppi understands the full protections afforded to accused persons under the Charter of Rights and Freedoms and how best to leverage those rights in fighting the DUI charges at a trial.
In addition to a busy impaired driving trial practice, criminal defence lawyer Graham Zoppi has also had a hand in shaping impaired driving law in Ontario through his appellate advocacy in the Ontario Court of Appeal on leading DUI cases.
Many people charged for DUI don’t recognize the seriousness of the charge and quickly plead guilty without consulting with an experienced impaired driving lawyer. Don’t put yourself in a position where you regret not getting legal advice and fully exploring your legal defences to a DUI charge. With a long record of success in defending clients on DUI charges, impaired driving lawyer Graham Zoppi knows when he can negotiate a favourable position for your case and when your matter should be litigated in court. Call to speak with criminal defence lawyer Graham Zoppi in Scarborough so that you can understand how to approach your DUI charges in court.
Drinking and Driving Offences Overview
Impaired Driving (Impaired Operation of a Conveyance)
To prove Impaired Operation, the prosecutor must show that the accused was operating a conveyance (eg. motor vehicle) while they were impaired by alcohol or drug. This means that even if a person blows under the legal limit, they can still be convicted of impaired operation if they their ability to drive was impaired by drug or alcohol at the statutorily applicable times.
To prove an Over 80 offence, the prosecutor must have proof in the form of a breath or blood sample analysis that the accused person had a blood-alcohol concentration above 80 mg/100 ml of blood at the statutorily applicable times. The defence in Over 80 cases involves getting the breath/blood sample excluded from evidence on the grounds of police misconduct, errors in testing procedure, or Charter violations.
Refusal to Provide a Breath Sample
To prove a Refusal offence, the prosecutor must show that the accused refused to comply with a lawful breath demand by police. Refusal offences have the same penalties as Impaired Operation and Over 80 offences. Defending a Refusal offence requires an examination of the lawfulness of the breath demand and whether there are any lawful excuse or defences to the failure to provide a sample.