For the most part, you’re the type of person who chooses to understand the traffic laws and abide by them. Even so, there are times when you’re tempted to do something that’s not in your best interests. Recently, that led to an allegation of driving under the influence. Rather than trying to deal with the charge on your own, it makes sense to seek out a lawyer who can provide counsel and work with you to deal with the cost. Here are some examples of how the lawyer can help.
Explaining the Current Laws Related to Driving Under the Influence
How much do you know about the laws that apply to your case? If you’re like most people, you have no more than a rudimentary understanding of those laws. Even research online will only provide so much additional information. The only way to truly delve into current laws about driving under the influence or impaired driving is to talk with a lawyer.
There are provisions of law that the lawyer will mention. The Charter of Rights and Freedoms, a part of the Constitution that includes information related to driving under the influence and impaired driving, is primarily what the lawyer will go over with you. This will be important as the lawyer begins to investigate the circumstances surrounding the arrest.
Your lawyer will point out specifics that apply in your case. That includes some ideas on what has occurred with similar cases in the past. One or more of those legal precedents may be especially helpful. In this way, you will begin to grasp what could happen if the court decides to convict you.
Going Over the Options for Your Defense
You can rest assured that DUI lawyers such as Mass Tsang, will tirelessly work to win your case or to ensure the lowest possible penalty. That means mounting a defense that’s designed to protect your rights from beginning to end.
Since there may be more than one possible way to pursue that defense, expect your lawyer to go over the potential associated with each strategy. You’ll get an idea of how each approach could turn out. That includes what might happen if you go with a particular procedure, and the court still finds that you’re guilty.
This is important since you need to understand the possible ramifications of each approach. The lawyer will point out the potential benefits, but also the worst-case scenarios associated with each one. This equips you with the information needed to determine which direction the defense should move.
Exploring the Actions of Law Enforcement
Part of the preliminary work that the lawyer will perform is assessing the actions of law enforcement as it relates to your case. That includes what occurred from the time the officers first approached you to be released on bond at the police station. If there is any indication that one or more officers infringed on your rights or failed to follow the procedures required by law, that may be grounds to have the entire matter dismissed.
There are specific protocols that the police are required to follow. The moment that they approach you after believing they have reasonable cause to assume that you’ve been drinking or ingesting any substance in the last three hours, their actions must be in line with the Charter of Rights and Freedoms. If they fail to do any of the following, your legal counsel may have grounds to fight the case.
The authorities are required to state that they are approaching you for suspicion of a possible roadside offense, but they are not necessary to say what type of offense. In cases of this nature, they will first administer what’s known as a Standardized Field Sobriety Test. This is composed of simple tests like walking a straight line or standing on one leg. If you pass this test, they may also ask you to take a breathalyzer test. This can provide an accurate reading of that amount of booze in your blood. They may also take a blood sample.
What you need to remember is that while the officer may phrase these tests as if they are asking for your cooperation, current laws in the GTA don’t require them to obtain your permission. You are required by law to comply. If you refuse, the officer has the right to arrest you. The result is likely to be a fine and possibly a one-year suspension of your driving privileges. If there’s a prior offense on your record, you could face a year in jail for noncompliance.
Once the tests are done, the officer will inform you if you passed or failed. If your blood booze level is near the legal limit, you’re likely to receive a warning if you’ve been cooperative up to this point. Those who are over the legal limit will be placed under arrest.
The officer will state that you are being arrested for a specific offense and advise you of your Charter of Rights, including the right to say nothing at this point – your right to speak with a lawyer or to seek legal aid. The nature of secondary police precautions that will be taken as you are transported to the police station. After the office is finished, you now have the right to contact your legal counsel or arrange for legal representation.
Remember that your right to say nothing remains intact while you wait for your legal counsel to arrive at the station. If any attempts are made to obtain additional information about your actions before or during the arrest are made, you have to say that you do not discuss the events until you consult with your legal counsel.
Seeking the Best Possible Outcome
Throughout the process, your legal counsel will work within the limits of the law to secure the best possible outcome for your case. That could mean amending the defense strategy if some new evidence comes to light, such as a witness who saw what transpired and comes forward to provide an account. It could also mean seeking to provide the court with reasons to grant some degree of leniency based on the fact that this is the first offense.
Remember that the lawyer cannot guarantee the outcome. What the lawyer will pledge is to provide you with legal counsel designed to help you through this current issue. Make the most of that pledge and cooperate in every way you can. Doing so will make it easier to work toward an outcome that is in your best interests.