A common misconception many people have is that if they blew over the limit, they’re guilty. Thinking that way is simply wrong. There are so many defences to any type of DUI allegation that you always need to investigate the facts and the law before you can form a view of the outcome of the case. DUI lawyers exist for a reason and that reason is that you can beat a DUI.
From the moment that a particular driver comes to the attention of the police, the police are required to follow certain complex procedures. This isn’t just applicable to British Columbia or even Canada. In the United States and Canada, there are constitutional procedures and requirements that limit the powers of the police. Yes, they can investigate you but they must comply with the law. In many respects, the advantage falls to the suspected DUI driver.
A lawful DUI stop
In all circumstances, the police must conduct a lawful stop. What constitutes a lawful stop is something that is often the subject matter of a trial and it can be the end of the prosecution’s case. In Canada, the requirements of a lawful stop are often not difficult to establish but it is a requirement nevertheless. An unlawful stop means that the evidence, including the breath samples, may be thrown out of court despite reliable breath samples.
A lawful process
The police in Canada need to abide by certain Charter of Rights requirements or the court may not consider the evidence they obtain, and many of the requirements can only be met if they accomplish them quickly. For example, breath samples taken roadside must be taken pursuant to an immediate demand to provide the sample. If they don’t make the demand immediately, again the results and any later breath samples may be thrown out of court.
Reliable breath samples
In addition to following the Charter requirements to do certain things immediately, the police must ensure that their immediacy doesn’t compromise the reliability of the breath samples obtained. If the police take the samples in circumstances where they may not be reliable because they moved too quickly, the samples may not be considered reliable or even be admissible because the process meant the breath samples were not reasonably obtained. Evidence unreasonably obtained may face exclusion in court.
Reliable evidence
Police in Canada are expected to take reliable, good quality notes of important details so that their evidence can be relied upon when it comes time to present their case to a court or tribunal. Police detachments are required to maintain and disclose video evidence and officers are required to prepare a narrative description of what took place. If the police take poor notes, don’t keep video evidence, write vague or inaccurate reports, their evidence can be questioned, undermined and rejected at the trial or hearing. Reliable evidence is an expectation pursuant to the Charter of Rights and it is an expectation of our justice system. When the evidence is unreliable, often you can beat a DUI.
To beat a DUI
You can beat a DUI but it’s a complex process. Lawyers who defend DUIs typically spend decades studying and refining their craft. Many of the top DUI lawyers buy and test breathalyzers and roadside screeners. They belong to national and international groups of DUI lawyers. They teach DUI defence and they study to ensure they know about new issues, new defences and developments in the law. They have been recognized by DUI lawyer groups as skilled in the art of DUI defence.
You can beat a DUI. The thing is to beat a DUI you need to have the right arguments and the right tools. To get to that point you need the right lawyer.
If you’re facing a DUI in British Columbia, give us a call and we’ll see if we’re the right lawyers for you.