Facts About DUI Charges in Toronto and the GTA

Drinking and driving remain as one of the top public health concerns in Toronto despite warnings and campaigns by the law and media against driving while intoxicated. A recent survey ranks Canada as number 1 in alcohol-impairment roadway deaths amongst 19 wealthy countries, which is why a DUI charge is met with severe punishments and other life-long consequences.

DUI is A Criminal Offence In Canada

Some people still think that a DUI charge is a minor offence needing only a fine and license suspension to fix. That is far from reality. DUI is a criminal offence in Canada and can result in years of imprisonment as well as a criminal record.

DUI Charges Can Affect Your Livelihood

Because a DUI conviction is marked as a criminal record, it affects one’s ability to get certain jobs and avail of loans for a business venture. It is widely believed that employers do not want to hire someone who is a convicted criminal and nobody wants to conduct business with an ex-con.

Drunk Driving Charges Can Be Dropped         

An experienced drinking and driving lawyer can come up with a defence that can result in getting DUI charges dropped. Your DUI lawyer should be able to identify and point out flaws in the Crown’s case against you to make this possible.

A DUI Conviction Means No Driving for a Year

Even just a charge can result in license suspension as well as hefty fines, especially for repeat offenders. A second offence means 3 years of license suspension, fines, and jail time. A third offence means lifetime license suspension and more jail time, fines, and other penalties.

Not Pleading Guilty is Your First Defence for A DUI Charge

Once you’ve pleaded guilty for a DUI, there is no going back even if you are innocent. It is important to remain calm, hire a DUI lawyer, and stick to facts if you want a fair trial. If you’re looking for a DUI lawyer in Toronto, contact Calvin Barry.

 

 

Get Home Safe this Holiday Season

Although we are in the middle of a surging pandemic and holiday parties aren’t happening as they usually do, you may still find yourself in a situation where it is harder to say no to indulging in alcohol. Maybe you’re not the partying type, but had a bit too much to drink at a socially distanced event before you realized it is time to go home. What should you do when you’re more buzzed than what you think is safe to drive or know someone who seems too intoxicated to drive?

The answer is easy. Stay safe and don’t drive home.

Numbers Don’t Lie

Think about it, if you try to drive home, chances are you might get pulled and possibly face a charge of drinking and driving. Note that a conviction for drunk driving will have consequences that can last a lifetime. Even if you somehow avoided getting pulled over by law enforcement, is it really worth it to place yourself and other people in danger? While an accident isn’t a sure thing, safety isn’t guaranteed either.

Are you truly willing to drive even when there is a huge statistical chance that you may not get home safely? Forget about facing legal trouble or a possible DUI charge, are you willing to brave icy roads driving while half passed out? Even when you think you are okay, remember that it only takes a second of your hands letting go of the wheel or nodding off for an accident to happen.

Get Home Safely

Do you know that hundreds of people die in car crashes each year between Christmas and New Year? Instead of just thinking about avoiding a DUI charge, think about saving your life when it comes to not drinking and driving this season. Try to get a ride with family or friends. Call someone you know or get a cab instead. If going out with a group, try assigning a designated driver. There is no shame in letting someone else drive you home. Remember, the consequences of driving home while drunk may be a lot worse than facing a DUI charge.

If you got pulled over or know someone who was charged with a DUI, the best thing to do is to make sure that you call a drinking and driving lawyer as soon as possible. Call Calvin Barry if you need a DUI lawyer in Toronto.

The Role of A DUI Lawyer in Your Defence

A common mistake of those who have been charged with a DUI is to think that it is not a serious offence and that they can just defend themselves or wait for a court-appointed lawyer to be sent their way. The fact is that a DUI charge in Canada is a criminal offence that can have life-long consequences that affect several aspects of one’s life. The best way to address it is to avoid a DUI conviction with the help of a DUI lawyer who has a long track record of successful defences. Note that avoiding a DUI conviction is not always possible and the only way to find out if your defence is strong enough is to book a DUI lawyer for a consultation.

Your DUI Lawyer Can Let You Know About Your Rights

One wrong move can mean a DUI conviction and wrong moves are usually brought upon by ignorance about the law and your legal rights. For example, you are entitled not to disclose some information to law enforcement prior to having a lawyer. If you are not aware of this, you could end up giving the prosecution a whole line of possible charges that they can hurl against you by talking too much.

Your DUI Lawyer Can Submit Paperwork for You to Avoid Missing Deadlines

Several legal documents need to be filed when you are charged with a DUI. Missing deadlines can look bad for you and may even result in a conviction in some cases. An example is failing to submit dashcam footage on time. If you missed the deadline for submission, you will be sabotaging your own defence because the footage is needed to get key evidence that can be used for your defence. This can also be taken as an admission of guilt or trying to avoid a trial. This is just one example. Many similar deadlines can look like nothing important but can be important factors in the development of your case.

Your DUI Lawyer Will Negotiate Plea Bargains with the Prosecutor

One of the most ideal ways of handling a DUI charge is to not go on trial by entering a plea agreement. If your defence is not strong enough, going to trial has a higher chance of getting a conviction and a plea bargain can help you avoid that. Your DUI lawyer has an expert understanding of how the court functions and what defences can work or not. By opting for a plea bargain negotiated by your DUI lawyer, you can minimize the negative effects of a DUI charge on your life.

Why Book A DUI Lawyer for Consultation?

A good DUI lawyer will be able to give you the information you need to avoid possible mistakes even before the trial takes off. Any interaction you have with law enforcement concerning your case can be used against you. For your own interest, it is best to be legally guided regarding the answers that you will provide. If you’re looking for a DUI lawyer in Toronto, contact Calvin Barry now! Calvin Barry is a Toronto DUI lawyer with over 3 decades of legal experience.

Beware of media, say lawyers after televised recording of breath test leads to acquittal

Lawyers say defence counsel and their clients must always be aware of those watching and listening following the acquittal of a driver who had his failed roadside breath test and legal consultation recorded by a TV news station.

It was on Aug. 24 that Justice David Rose, in R. v. Gautam 2017 ONCJ 577, acquitted Kunal Gautam of driving over the legal limit after he found that his constitutional rights were violated at a York Regional Police spot check after Global News recorded his breath test and on-site phone call with a lawyer.

“That right to counsel, of all the Charter rights, it is one of the most sanctified rights in the Constitution because of solicitor-client privilege and your right to get legal advice … when you are under arrest or [under] detention,” said lawyer Calvin Barry, of Calvin Barry Professional Corporation. “The other [Charter breach] was unreasonable search and seizure [in that] he had a reasonable expectation of privacy and not have somebody have a camera in his face and be recording when he’s trying to get some legal advice and providing the samples.”

In the end, it remained a mystery as to who at York Regional Police ultimately gave Global the green light to film all aspects of that night’s RIDE operation. “No police witnesses could answer that question, but their conjecture that it was someone well above the rank of police constable is entirely reasonable,” stated Justice Rose. Lawyers say defence counsel and their clients must always be aware of those watching and listening following the acquittal of a driver who had his failed roadside breath test and legal consultation recorded by a TV news station.

Read the full article at: https://www.thelawyersdaily.ca

Pleading Guilty for a DUI in Canada

Pleading guilty just to get things over with may work in your favour for a lot of cases, but that isn’t really true when pleading guilty for a DUI in Canada.

It  is often the case that those who’ve had their first DUI charge don’t want to deal with the anxiety and stress of going to court appearances and think that pleading guilty can result to less issues down the road. This is far from reality and the following reasons will tell you why.

It is Okay to Take Your Time

There is no rush when pleading guilty for a DUI in Canada because the court’s process takes months! You’ll have a few weeks to procure a criminal lawyer after your first court appearance (guilty plea or none). Your hired lawyer will take weeks to review the case against you, combing the disclosure for details and requesting for more information if needed.

You’ll Be Better Off When Making an Informed Decision for Real

Pleading guilty for a DUI in Canada during your first court appearance is like trying to pilot a plane on your first day at flight school. You don’t know how things work and by insisting on plunging head-on, you’ll be putting yourself in trouble and jeopardizing your future.

A Strong Case Against You May Be Absent

Your first court appearance is all about obtaining your disclosure – the file that contains the evidences against you as well as other important details that can help defend your case. It is possible that the disclosure can unlock the gates to your freedom!

Your Disclosure Can Clear Your Name

Some DUI arrests have mistakes that can mitigate circumstances or it is possible that you’re not supposed to be charged due to lack of evidence to begin with. A seasoned criminal lawyer can uncover all that and advise you on the best course of action to take to make the case’s outcome more favourable for you.

Remember, pleading guilty may or may not be the best course of action if you’ve been arrested for a DUI. It is best to consult with a criminal lawyer with an extensive experience handling DUI cases. Calvin Barry is a criminal lawyer in Toronto who can help. Contact Calvin Barry Law today!

Definition of Impaired Driving Has Limitations As Shown on an Ontario Ruling

Getting convicted for driving under the influence means that a DUI charge will be linked to your name. This link will be there for years to come until such time that you’re able to get a record suspension or a DUI pardon with the help of a DUI lawyer.

But what constitutes impaired driving?

Is it impaired driving if you simply slept in your parked car while waiting for the effects of alcohol intoxication to go away?

Would you be fine with going to jail for sleeping in your car when you’re drunk because you did not want to drive until you are feeling much better?

Location, Location, Location!

What defines impaired driving or driving under the influence differs widely between provinces and territories. In a 2016 case in Ontario, a drunk man was found sleeping inside his car which was parked outside a housing complex in Burlington. He was charged with DUI.

The Ontario ruling by Justice Alan D. Cooper stated that the man, Ryan Toyota, was not guilty of any criminal offences despite leaving the engine and the exterior lights on because of several factors. One factor is that he meant to stay in a friend’s house but got locked out. Another is that he had to stay inside the car because this occurred in February 2015 in sub-freezing temperatures.

The ruling focused on a section of the Criminal Code which establishes the presumption of care or control of the vehicle – stating that the risk of danger is a fundamental element of care and control.

In the court’s opinion, they believed that Mr. Toyota had no intention of driving his vehicle and that the engine was just left on to keep himself warm. They also believed that Mr. Toyota had no means of getting inside his friend’s home because the homeowner passed out after accidentally locking the door on the way in.

The court said that it was clear that Mr. Toyota intended to spend the night in his friend’s home and made do with the safer course of action when given no other options except staying in his car or driving home.

What Really Happened

The police report did say that they found the defendant inside his vehicle which was parked outside the housing complex in sub-zero temperatures. The officer opened the door and smelled alcohol so he asked Mr. Toyota to step out and found that he was intoxicated. Mr. Toyota was then arrested and brought to the police station to be tested.

Real Justice

Justice Cooper noted in his ruling that the data from the police clearly stated that Mr. Toyota’s car was parked properly and in no danger to anyone at the time the police officer found him. Although there was a realistic risk of the defendant choosing to drive in his intoxicated state, the fact remains that he did not.

The court also believed that although Toyota’s blood alcohol level was lot higher than what defines legally drunk, it is highly unlikely that he would have suddenly change his mind and go driving if the officer didn’t find him. At the end of the day, the details of the circumstances dictated the court’s ruling.

The above is why you need a seasoned DUI Lawyer to help you deal with a DUI charge. Not everyone who is in a vehicle and intoxicated mean to do harm or is a danger to people. Calvin Barry Law specializes in uncovering the truth. He is the Toronto Criminal Lawyer that you need on your side! Contact Calvin Barry today!

 

 

What To Do When You Get a DUI Charge for The First Time

Hiring a DUI lawyer is the first thing that anyone accused of driving under the influence or facing a DUI charge should do.

The above is to ensure that a good defense is established early on more so that territorial, provincial, and federal governments are quite strict and ruthless when it comes to prosecuting DUI cases.

Groundwork for Good Defense

Whether or not one is guilty of driving under the influence, the courts follow a procedure wherein the accused will be asked to appear in court. Should the first court appearance is to be without a lawyer, the defendant can file a request for two to three weeks continuance to find and hire a DUI lawyer. In the event that the prosecutor provides a disclosure package containing witness statements and police notes, a charge screening form, and a synopsis of DUI charge, this should be safeguarded and shared with the selected lawyer.

Going for A Guilty Plea

Hiring a DUI lawyer is a must even for those who plan to plead guilty. This is because even with a guilty plea, there are still negotiations to be done that can turn events to be more favourable for the defendant.

Note that pleading guilty will lead to a criminal conviction that will be tied to one’s name for life. It will be there no matter how much fine was paid and no matter how  long a jail time was served. It is one thing to be accused and convicted and a totally different thing to convict one’s self. For one, holding a public office will be next to impossible as well as having a career as a medical professional, a legal professional, part of the law enforcement, and many more. You will have to be fully aware of the consequences of pleading guilty before doing so. Having a DUI lawyer can help you with this.

Defend Against a DUI Charge

Choosing to fight a DUI Charge should begin with a good strategy formulated by a Criminal Lawyer. This requires a detailed initial consultation between the accused and the DUI lawyer to counter check all details which include but are not limited to:

  • What the accused drank or ingested
  • What the police saw and said
  • What the defendant saw and said
  • How were the intoxication tests administered
  • Were there any witnesses
  • Was the protocol followed
  • How the arrest was done

Part of the defense for a DUI charge is for the defendant to behave as a model citizen and not cause trouble during the case’s duration. This means dressing appropriately for court, showing up on time, responding respectfully when addressed, and generally showing a sense of social responsibility. Know that no matter how amazing a DUI lawyer is, things will not end well with a client that comes to court late and obviously intoxicated.

A good DUI lawyer will prepare the client for cross examinations and giving testimonies, possibly going over questions the other party will ask to help the client be more confident and eloquent when speaking in court. All in all, a defendant that can show the court that he’s repentant and shows commitment to be a better person is a dream client to defend for DUI lawyers.

A DUI conviction can mean a stain on your record that can affect what jobs you can take, where you can buy or rent a home, how much insurance you’ll have to pay, and more. You need to ensure that you don’t hurt your chances of getting a DUI pardon as soon as possible and that you have a DUI lawyer that can mitigate your charges. Calvin Barry is a Criminal Lawyer in Toronto that can help with this. Contact Calvin Barry Law today!

Canada To Increase Fines for DUI Over .12

The Canadian government is going to increase fines for criminal DUIs and making a move to codify aggravating factors that are usually left for a judge to decide on.

Fines to Change

The omnibus Bill C-46 brought on the changes related to drinking-driving offences, even changing the designations for DUI now having DUI over 0.12 and DUI over 0.16.

Different punishments will be meted for different blood-alcohol concentration in the new proposed law. If it pushes through, a person with a blood-alcohol concentration (BAC) of 0.12 will face a minimum fine of $1,500 and a person with a BAC of 0.16 will face a $2,000 fine. The fine to be paid is on top of facing a criminal conviction, needing to attend remedial programs, and having a 1-year driving prohibition.

The new fines are a bit hefty compared to what judges usually order particularly for first time offenders. However, to be fair, a lot of impaired driving cases do involve people driving around with a BAC 0.12. The fact that the difference between a 0.11 and a 0.12 can be chucked to a breathalyzer error or some other factor has been considered but wasn’t given much weight.

Judges No Longer Have a Say on Aggravating Factors

Getting fined $2,000 because you resisted arrest, have a BAC of 0.25, and tried to flee an accident site is fair but under the new law, a person simply driving with a BAC 0.16 will be fined the same. This may raise your eyebrows and you won’t be alone in thinking something isn’t adding up. However, the new law will have to be observed and implemented whether people agree with it or not.

It is clear that bill C-46 aims to create a mandatory list of minimum fines for different BAC of those caught committing a DUI. This change means that further evaluation of the case and circumstances will no longer have a bearing on the fine. It is now only a matter of months before the bill becomes an actual law.

New Punishments for DUI Offences

Minimum punishment will be comprised of paying a fine of $1,000 for first offence, an additional of 30 days imprisonment for second offence,, and imprisonment of 120 days for the third offence and above. Imprisonment of no more than 10 years will be meted if the offence is prosecuted by indictment. For offence that is punishable on summary conviction, punishment will be an imprisonment of not more than 2 years minus a day. Paying a fine of $1,500 for a BAC of 0.12 and paying $2,000 for a BAC of 0.16 goes on top of previously mentioned punishments

Do you need assistance from a DUI Lawyer in Toronto? Contact Calvin Barry Law for help!