CRIMINAL DEFENCE LAWYERS
Your DUI Lawyer in DUI Lawyer Mississauga
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Experienced DUI Criminal Defence Lawyers in DUI Lawyer Mississauga
Being charged with impaired driving is more than a traffic violation; it’s a criminal offense that can have long-lasting effects on your personal and professional life. If you’re facing charges, it’s crucial to contact a trusted DUI lawyer in DUI Lawyer Mississauga immediately to start building your defense.
These cases often progress rapidly. From suspensions of your license and court dates to possible criminal convictions, there’s much on the line. A skilled DUI Lawyer Mississauga DUI lawyer can make all the difference when it comes to how your case turns out.
What is a Charge of a DUI Under the Criminal Code?
Offences relating to Operation While Impaired by Alcohol or Drug, including Over 80, are found in Part VIII.1 of the Criminal Code, under s. 320.14.
- s. 320.14(1)(a) reads:
“Operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug.” - s. 320.14(1)(b) reads:
“Subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood.”
Please Note:
If impaired by drugs, different levels of impairment apply pursuant to s. 320.14(1)(c).
How Serious is the Offence?
Offences under s. 320.14(1) are considered hybrid offences. This means that depending on the circumstances, the Crown may choose to proceed either by indictment or summarily.
A summary offence is generally less serious in terms of both the nature of the crime and the severity of the sentence. In contrast, an indictable offence typically involves more serious crimes and more severe sentences.
Elements of the Offence
To secure a conviction for Operation While Impaired, the Crown must prove, beyond a reasonable doubt, both the actus reus (guilty act) and mens rea (guilty mind).
In R. v. Boudreault, 2012 SCC 56, the Supreme Court of Canada restated the essential elements of “care or control” as comprising “an intentional course of conduct associated with a motor vehicle” where there is a realistic risk, as opposed to a remote or theoretical possibility, of danger to persons or property.
How We Defend You
- Necessity
The defence of necessity applies in emergency situations where normal human instincts compel disobedience of the law. This defence is a legal excuse, not a justification, for the act (R. v. Perka).
The act must be inevitable and unavoidable, and the accused must have had no reasonable legal alternative (R. v. McKay). The peril must be imminent, and the standard for assessing this is modified by considering the situation and characteristics of the accused (R. v. Latimer, 2001 SCC 1; R. v. Nelson).
To be proportional, the harm avoided does not need to “clearly outweigh” the harm caused (R. v. Latimer, 2001 SCC 1). The defence is available when the accused or someone in their protection faces immediate risk of physical harm, no reasonable alternatives exist, and driving is for no longer than necessary to escape the danger.
- Involuntary Intoxication
There is a rebuttable presumption that impairment was voluntarily induced if evidence shows the accused drove while impaired. However, the presumption may be rebutted by showing that the accused, through no fault of their own, was impaired when they undertook to drive, without appreciating the potential impairment. Such lack of appreciation may not arise from the voluntary consumption of alcohol or a drug that the accused knew or had reasonable grounds to believe might cause them to be impaired, and it can be taken as a matter of “common experience” that the consumption of alcohol or narcotics may produce intoxication (R. v. King; R. v. Aranovsky).
The rebuttable presumption relies on an objective standard: Was the accused able to appreciate they might become impaired? (R. v. Hoskins).
Even if a person’s consumption of a substance was involuntary, once they realize they are intoxicated and still choose to drive, the mens rea element is established, and a conviction entered (R. v. McGrath, 2013 ONCJ 528).
- Prescription Drugs
When prescription drugs or lawful medications cause impairment, courts consider several factors in determining whether the accused, through no fault of their own, failed to appreciate the impairment. These include:- The nature of the drugs,
- The quantity consumed,
- Time between ingestion and driving,
- The accused’s awareness of the effects,
- Prior experience with the drugs, and
- Whether the accused was cautioned not to drive while on the drugs.
- Necessity
Choosing the Right DUI Lawyer For You
When you look for a DUI lawyer in DUI Lawyer Mississauga, you need someone close by, but you also need someone familiar with the local court system. Court practice is likely to be slightly different from elsewhere in Ontario. Local knowledge provides your lawyer with an advantage of knowing how Crown prosecutors handle DUI cases and what options are available.
More than just convenience, choosing a local lawyer who’s familiar with the local courthouse, judges, and police procedures can increase your chances of success. Every case is unique, but having someone who knows the local landscape is a powerful advantage.
Conclusion: Trust A. Dhillon Law with Your DUI Defence
A DUI conviction can affect your job, your vacation plans, your wallet, and your reputation. It’s not something you should go through without sufficient legal assistance.
At A. Dhillon Law, we provide experienced, individualized legal services for impaired driving charges and the surrounding communities.
Our strategy is built on solid case analysis, trial experience, and an intimate familiarity with how things get done on the ground here. Whether fighting the evidence or negotiating the most favorable result, A. Dhillon Law is dedicated to defending your rights and advocating on your behalf for your future.
If you’re searching for a reliable DUI lawyer in Mississauga, call A. Dhillon Law today for a confidential consultation and begin constructing your defense the right way.
Choosing the Right DUI Lawyer For You
When you look for a DUI in Mississauga, you need someone close by, but you also need someone familiar with the local court system. Court practice is likely to be slightly different from elsewhere in Ontario. Local knowledge provides your lawyer with an advantage of knowing how Crown prosecutors handle DUI cases and what options are available.
More than just convenience, choosing a local lawyer who’s familiar with the local courthouse, judges, and police procedures can increase your chances of success. Every case is unique, but having someone who knows the local landscape is a powerful advantage.
Conclusion: Trust A. Dhillon Law with Your DUI Defence
A DUI conviction can affect your job, your vacation plans, your wallet, and your reputation. It’s not something you should go through without sufficient legal assistance.
At A. Dhillon Law, we provide experienced, individualized legal services for impaired driving charges and the surrounding communities.
Our strategy is built on solid case analysis, trial experience, and an intimate familiarity with how things get done on the ground here. Whether fighting the evidence or negotiating the most favorable result, A. Dhillon Law is dedicated to defending your rights and advocating on your behalf for your future.
If you’re searching for a reliable DUI lawyer in Mississauga, call A. Dhillon Law today for a confidential consultation and begin constructing your defense the right way.
FAQs for DUI Charges in Mississauga
Consequences can be license suspension, fines, education courses, and a criminal record, even for a first offense.
No, particularly if there are problems with how the stop, arrest, or testing was done. A good lawyer can spot these weaknesses.
Not always. Always talk to a DUI lawyer before claiming. There are potential defenses that could result in reduced charges or dismissal.
As soon as your arrest is made. Getting advice early on can avoid mistakes and help you have your rights protected from the start.
One can go to jail, particularly for repeat offenders or more serious cases, but alternatives such as fines or conditional sentencing often get negotiated.
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He takes the time to understand the unique needs and concerns of each case.
“Akash genuinely cares about his clients and consistently demonstrates a high level of professionalism. Akash is extremely approachable, which fosters an open dialogue and creates a comfortable environment for discussing any issues or questions.”
He takes the time to understand the unique needs and concerns of each case.
“Akash genuinely cares about his clients and consistently demonstrates a high level of professionalism. Akash is extremely approachable, which fosters an open dialogue and creates a comfortable environment for discussing any issues or questions.”
Hons B.A., J.D. | Criminal Defence Lawyer
Akash Dhillon
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