Win or lose over the phone

It is common for people to want to know whether they will win or lose over the phone when they first call us about their drinking-driving case. No lawyer can tell you whether you will win or lose your case over the phone in an initial phone call. The fact is, without reviewing the police evidence, it impossible to give a meaningful response to the question of whether you will win or lose over the phone.

It’s a good question

It’s an understandable question, however. Most people who have been issued an Immediate Roadside Prohibition or who are charged with a drinking-driving criminal charge have never been in similar trouble before. Often people think just because they provided a sample to a breathalyzer (or they refused to) they are automatically guilty. Of course, that’s just one factor in the factual matrix that comes into play when a DUI lawyer examines the case and the likelihood of success. The reliability of the breath sample, for example, isn’t something one can assess from the perspective of a person under investigation.

The forensic analysis

A lawyer with a lot of experience defending drinking driving cases will always start with a forensic review of the police reports. In the case of a criminal impaired driving investigation, the particulars are provided through the prosecutor to the defence lawyer. In the case of a roadside prohibition, the officer is required by law to prepare a Report to Superintendent, which is a sworn form with accompanying documents.

A review of these police reports will give an early indication of the direction of the case. In the case of an Immediate Roadside Prohibition, because the prohibition is issued typically roadside, the obligation is on the driver (the Applicant) to show why the prohibition must be revoked. When it comes to a criminal impaired driving case, the normal criminal process takes place which includes full disclosure and if appropriate a trial where the prosecutor is obligated to prove their case.

The forensic analysis undertaken by the lawyer includes considerations of the strengths and weaknesses of any particular line of attack.

Expertise in both worlds: Administrative and Criminal

The rules of evidence and what must be established are different in driving prohibitions cases as opposed to criminal impaired driving cases. A lawyer who does both and understands both can draw on the knowledge of both systems to identify defences in either type of case. For example, Kyla Lee has successfully defended hundreds of criminal impaired driving cases and thousands of Immediate Roadside Prohibitions. She’s written two leading books on the subjects. She has presented to Parliament and the Senate on the topics of proposed impaired driving legislation. She often uses principles from criminal DUI cases in the defence of 90-day Immediate Roadside Prohibitions.

An early determination

Although no lawyer can tell you at the initial consultation over the phone whether you’ll succeed or not, as soon as your DUI or IRP lawyer has the police report, if they have the right experience, they can usually give you a good idea about how matters will play out in the days and weeks that follow.

It makes sense to get an early idea of whether a positive or negative outcome is inevitable. This can affect the decisions you make concerning defending a criminal charge or challenging a driving prohibition. If you knew you would win, would it not make sense to defend the case as advised by your lawyer? If you are certain to be convicted, would it not make sense to focus efforts on reducing the punishment instead of fighting the substantive charge?

We tell our clients what we think

Occasionally callers will report that they spoke to a lawyer who told them, without ever reviewing the police report, that they will either win or lose. Until the lawyer looks at the police report, it would be wrong in our experience to say whether you will win or lose over the phone. There are variables in every case that arise from the facts and the interplay of facts and law.

We have a long history of successfully defending immediate roadside prohibitions and criminal impaired driving charges. We’d be glad to talk to you about your case, but until we look at the police report and consider the law, we will not advise you on the avenues to defend your case or your chances.

You deserve to have your lawyer advise you, after reviewing the information necessary, to give you the best advice regarding your next steps. We have the experience to help you with your drinking and driving case.

Call us right away and we can get started on your case.