Drinking And Driving
DUI, Over 80 & Impaired Driving Lawyer In Toronto
Dui- Over 80- Refuse Breath Sample- Drinking And Driving
Drinking and driving charges (also referred to as “DUI” charges) are the type of charges that anyone can find themselves facing. Every single day otherwise law abiding citizens are charged with drinking and driving offences. In fact, over 80 percent of people facing these charges have no prior criminal record. Far too many people charged with drinking and driving offences plead guilty without ever consulting their own lawyer. If you are charged with a drinking and driving offence, please consult with an experienced Toronto DUI Lawyer before deciding to plead guilty. A conviction for drinking and driving results in a criminal record, loss of driving privileges, and massive increases in your insurance rates. If charged with a drinking and driving offence, you owe it to yourself to consult with a top Toronto DUI Lawyer.
When looking for a Toronto DUI Lawyer, you need a lawyer who keeps current on the law and has the ability to be creative, as the defences are continually evolving (and often times being legislated away by parliament). Toronto DUI Lawyer Graham Zoppi dedicates himself to keeping up with the changes in the drinking and driving laws with the goal of being a top DUI lawyer in Toronto. By way of example, when parliament legislated away the ability for the defence to challenge the accuracy of breathalyzer readings, Mr. Zoppi was counsel on a seminal case requiring the police and the Crown to disclose information to the defence regarding the historical performance and maintenance of the breathalyzer machine that was used ( link to this decision).
Drinking and Driving Offences consist of three specific offences, namely “Over 80”, Impaired Driving, and Refuse Breath Sample. Toronto DUI Lawyer Graham Zoppi aggressively defends all three of these offences on a regular basis. The following is an overview of the different types of drinking and driving charges
Impaired Driving (Impaired Operation)
In order for the prosecution to establish guilt for this offence, it must prove that the accused was operating a motor vehicle while his ability to do so was impaired by alcohol. There is also a lesser included offence of Impaired “Care and Control” where an accused can be found guilty even when not operating the vehicle, if he is in a position of “care and control” over the vehicle at a time when his ability is impaired.
Impaired Driving is to be contrasted with the offence of “Over 80”. For this offence the Crown need only prove that the accused’s blood alcohol level was over 80 milligrams per 100 millilitres of blood at a time when the accused was in care and control of a motor vehicle. The ability of the accused to operate the motor vehicle is irrelevant to the analysis of guilt for this charge.
Refuse Breath Sample
It is an offence to refuse to provide a Roadside Sample or a formal Breathalyzer sample once taken to the police station. This offence carries the same penalty as Impaired Driving or Over 80. In order to establish criminal liability, the prosecution must establish that the accused failed to provide a sample without a “lawful excuse”.
Drinking and Driving Lawyer Graham Zoppi has a track record of successfully defending all three types of drinking and driving related offences. Often times this can be accomplished without the need for the cost and risk associated with a trial; due to his experience with drinking and driving cases, Mr. Zoppi is frequently able to convince prosecutors to not proceed with charges. When unable to do so however, cases have to go to trial and be litigated. Mr. Zoppi has a solid record of success in drinking and driving trials. Some samples of his winning cases in this regard can be found by clicking here