Defences that Lawyers use to fight DUI cases скачать в хорошем качестве

Defences that Lawyers use to fight DUI cases

🚨 24/7 DUI Emergency Help Line - 1-888-406-9121 ✅ Take our DUI Arrest Test - https://dui.nextlaw.ca ---------------- CONTENTS OF THIS VIDEO ------------------- 0:00 - Defences that Lawyers use to fight DUI cases 0:12 - What defences do Lawyers use to fight DUI charges? 1:48 - Can you get a DUI charge withdrawn? 2:09 - Is it in the public interest to pursue the DUI charges against you? 2:43 - Is there a reasonable prospect of a conviction? ---------------------------------------------------------- CHAPTER 5: Defences that Lawyers use to fight DUI cases What defences do Lawyers use to fight DUI charges? The Crown needs to prove the DUI charges against you beyond a reasonable doubt. Your Lawyer’s job to introduce reasonable doubt. Charter issues - The Charter of Rights and Freedoms protects you against the Police and the Crown’s actions. And Charter issues are frequently used by Lawyers to defend against DUI charges. More about Charter defences in the next question below. Technical issues - DUI charges are technical by nature. For example, when charged with “Over 80”, that means a breathalyzer machine had a reading greater than 80 mg of alcohol per 100 mL of your blood. There may be technical issues with the device - perhaps the machine did not function properly, or someone did not properly maintain the device. Evidence to the contrary - Your lawyer may find evidence that contradicts the DUI charges you are facing. For example, with a Refuse Breathalyzer charge, there may be a valid medical reason you could not take the test (or why you did not properly blow into the device). If you had a cold or some respiratory issue, that evidence might be enough to raise reasonable doubt to win your case. Can you get a DUI charge withdrawn? It’s possible. The Crown (the Lawyer representing Canada’s government and is responsible for prosecuting the DUI charge) can only proceed with the charges against you based on passing these two tests. Test #1: Is it in the public interest to pursue the DUI charges against you? The Crown acts on guidelines from the Attorney General of Canada. From a public policy perspective, the Crown is compelled to pursue the prosecution of DUI charges. Doing sends a message to the public that society will not accept people driving under the influence of alcohol or drugs. Test #2: Is there a reasonable prospect of a conviction? The Crown can only pursue the charges against you if there is a reasonable prospect of a conviction. It’s your Lawyer’s job to raise doubt in the case against you. If those doubts rise to the level that there would be no reasonable prospect of a conviction, then the DUI charges against you would get withdrawn. If the DUI charge against me is my first and I have an impeccable background, will the DUI charges against me be withdrawn? No. The fact that you have never been charged before does not matter. The fact that you are an outstanding citizen does not matter. The only way the DUI charges against you will be withdrawn is in the event there are significant problems in the Crown’s case. And, these significant problems are so severe that there is no responsible prospect of a conviction. Only then will the DUI charges against you get withdrawn. Next Law publishes these videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.