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There are many occasions where consuming alcohol is a socially-accepted standard. Parties, weddings, and other celebrations, and stopping after work to socialize and have a drink with coworkers are activities participated in by thousands of Canadians every day. Whether you realize it or not, simply having a second drink can raise your blood alcohol level to over 80 milligrams of alcohol per 100 millilitres of blood and put you over the legal limit, and if you subsequently get behind the wheel, you are committing a criminal offence in Canada.
If you have been arrested and charged with driving 'Over 80' (a blood alcohol level of .08), you're going to need an experienced and skilled criminal defence lawyer on your side. Please give us a call at Ted Yoannou Criminal Law, to discuss the particulars of your case and receive knowledgeable advice on how to best proceed. There is no cost or obligation.
There are a number of situations that could result in the police requesting you to take a breath test. The police officer need only believe that you are impaired by alcohol at the time he or she makes the breath demand or breath test request. The police officer may form his grounds based on a number of indictors including but certainly not limited to; you admit that you have been drinking before driving your motor vehicle; or if the police stopped you for any other reason then smelled alcohol on your breath or in your vehicle; slurred speech; erratic driving; watery eyes; or any combination of the above factors leading the officer to believe that you are operating your vehicle while impaired by alcohol. When the officer makes this determination and a breath test is requested, you are obligated to go with the officer to take the test. You can be charged with Driving 'Over 80' if the breath test reading is over 80 milligrams per 100 millilitres. It is important that you comply with the demand of the officer as you can be charged with a separate criminal offence for refusing. It is the role of your lawyer to later look at whether the grounds the officer used to establish his grounds for a demand were reasonable in the circumstances.
There are serious penalties for being convicted of Driving 'Over 80'. Your driver's licence will be suspended for 1 year; you will be required to attend a mandatory alcohol education program; and you'll be fined between $1000 and $2000. If you are a repeat offender, you could be sent to jail, and your licence suspension will increase to 3 years. If this is your first offence, you'll at a minimum now have a criminal record, be prohibited from driving for 1 year, and face a minimum fine of $1000 which may be increased depending on the circumstances surround the offence. As you can readily see, the police and legislators are serious about preventing those under the influence from getting behind the wheel.
The police have been granted significant powers by the lawmakers of our country to assist them in preventing people from drinking and driving. However, these powers are subject to limitations and any impropriety on their part can be used to develop a defence and exclude the evidence which resulted in the charge of 'Over 80' against you; the breath test results. You have the right to have a Judge hear your case and ultimately it is the Judge who will determine whether or not you are guilty. The arresting officer has no say in the final outcome of your case. While their evidence is critically important in the prosecution of your case it is the Crown Attorney who will present the evidence against you. They must prove the charges against you beyond a reasonable doubt.
Mistakes made by the police can and do happen. It is important to remember that just because you have been charged with this offence it certainly does not automatically mean that you will be found guilty.
As experienced 'Over 80' defence lawyers the Ted Yoannou Criminal Law team has been successful in having these charges thrown out or reduced by carefully analyzing every aspect of the police procedures and finding errors that might have occurred. We will aggressively defend your rights to get you the best possible result.
Since the charges are so severe, we at Ted Yoannou Law, go the extra mile in your defense. We have successfully defended many 'Over 80' charges and frequently consult with experts on the subject to make sure that your side of the story is represented with extreme competence and professionalism. We will leave no stone unturned in your defence as we investigate and chronicle the police behaviour in making the arrest, the training and effectiveness of the technician in performing the breath testing equipment, and the procedures followed to respect your rights in the steps leading to your arrest. Please give our firm a call today.