Common DUI Defence Strategies in Mississauga
Charter rights
Looking for signs of Charter violations, such as delays in giving you access to a lawyer or breath samples taken outside the strict timelines required by law. Your lawyer will examine the timeline of events and note any legal breaches in the way the officers behaved.
Validity of the traffic stop
Peel Region Police officers have broad authority to pull you over, but it still has to be lawful. If the stop was influenced by bias or had no legitimate basis, anything collected afterward, including breath test results, can be and will be challenged if you choose a professional Mississauga DUI lawyer.
Breathalyzer accuracy
Breathalyzers need regular maintenance, calibration, and proper training to use. Records should exist to prove all of that. Missing logs, outdated calibration, or improper handling can really make the readings quite questionable.
Medical Grounds
Medical conditions, such as diabetes, neurological or balance-related conditions, or even acid reflux can influence test results or look like intoxication. Jonathan Lapid knows about each condition that could change the outcome of your case.
Police notes
Police notes often carry significant weight in court. Your lawyer will thoroughly study them for gaps or important details that don’t match your experience. If something doesn’t match, that can be a good foundation for challenging their testimony.
Rising BAC
Blood alcohol doesn’t always peak the moment you finish drinking. This means a breath or blood test taken some time after you were driving may show a higher BAC than when you were actually behind the wheel. This can tip the balance in your favour if presented correctly.
Read About Our Many Successful DUI Cases
Do you live in Mississauga? Have you been charged with a DUI or an impaired driving charge? I’ve gotten hundreds of clients acquitted, and I’ll do the same for you. My work has set the precedent for cases time and time again. I’ve been interviewed by high tier networks, and am the first to be called when an expert legal opinion is needed.
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What to Do if Charged with a DUI
How you respond in the hours and days following a charge can influence the outcome. Act quickly, stay calm, and secure your best chances of winning the case:
- Limit what you say, only providing your documents
- Write down everything that’s happening along with the timeline
- Contact an experienced DUI lawyer for immediate legal guidance
Give your lawyer the time and information needed to identify procedural errors, challenge evidence, and explore all defence options. It’s never too late to seek out legal help no matter the stage of your DUI case process, so don’t hesitate even if some time has passed after the day of the incident.
Examples of DUI Cases
- Driver is pulled over during a RIDE program on Highway 403 by Peel Regional Police 12 Division. After roadside breath testing registers BAC over 0.08, client charged. Flaws in breathalyzer calibration highlighted in negotiations. Crown agrees to withdraw criminal charges.
- Commercial driver arrested on QEW after accident with multiple vehicles involved. Charged with IMPAIRED OPERATION CAUSING BODILY HARM. Through defence, expert toxicologist’s report cast doubt on actual impairment. Crown withdraws bodily harm charge, client remains subject only to Highway Traffic Act penalty.
- Young driver stopped at Hurontario St. Pretrial. Negotiations focus on client’s medical history impacting ability to provide a sample. Charges withdrawn, client enters guilty plea to minor infraction at Ontario Court of Justice – Aylmer Ave.
Possible DUI Consequences
Based on whether it’s your first offence or not, as well as the presence of aggravating circumstances, DUI consequences may inlcude:
- Fines of $1,000 or more
- Ignition interlock
- Jail sentence
- Criminal record
- Getting your license suspended
- Issues with employment or travelling
With the right strategy, you can reduce or avoid these altogether, without suffering financial losses, being unable to drive, or having issues with your career.
Don’t let one mistake define your future. Especially since it can be avoided with professional legal help.
The Advantages of Speaking with
Jonathan Lapid DUI Lawyer
Jonathan Lapid - DUI Industry Leader
“When I was growing up, my peers were constantly stressing about what they
wanted to become. They didn’t know whether or not they’d become doctors, flight attendants, or accountants. Frankly, I had no such problem. I knew my destiny since childhood. Law is my calling card. However, to say I knew exactly what I wanted to fight for within the law would be to lie. I didn’t know, but fortunately for me — and for the tremendous number of clients I’ve defended — DUI law stumbled across my path.”
With over 25 years of experience defending people who’ve been charged with a DUI or an impaired driving offense, Jonathan Lapid is an advocate among all lawyers. His track record is one that the majority of Ontario’s lawyers are envious of, and boasts a high-quality tier of clients. Lapid has notably represented:
- Police officers
- Other lawyers
- NHL players
- Doctors
- And even Olympic athletes
He is known for his outstanding ability to use the law to his benefit and fight even the most hopeless cases. Need an outstanding DUI lawyer that puts your needs before his own? Call Jonathan Lapid today.
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Mississauga DUI Defence Strategies FAQ
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What are the most common DUI defence strategies in Mississauga?
It really depends on each case. One common tactic is to challenge the legality of the stop or arrest, for example, the defence may argue that the officer lacked reasonable suspicion or probable cause to detain you. Another common approach is to raise Charter rights violations. If you weren’t properly informed of your right to counsel, or if there was an unreasonable delay in granting you access to a lawyer, your breath test or other evidence could be excluded.
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Are there defence options for “Over 80” charges in Mississauga?
Yes, over 80 charges can be defended via reviewing the test timing, the procedures used by police, and whether your rights were violated. It may also be argued that, although the BAC was high when tested, the level at the actual time of driving was lower, because the alcohol was not yet fully absorbed into the bloodstream. -
Do I need a DUI lawyer if this is my first offence?
Yes, even a first-time DUI charge in Mississauga can entail a criminal record, license suspension, fines, increased insurance costs, and ignition interlock requirements. Hiring a lawyer is almost always in your best interest, so that they expertly dissect breath test protocols, examine calibration and training, and check whether your Charter rights were respected.
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Can I defend a charge for refusing to provide a breath sample?
A refusal charge is serious, but there are still defence options we can use. The circumstances surrounding your interaction with the police play a major role in how this type of charge can be challenged, so you need to clearly and honestly relay the events to your lawyer.