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Impaired & 80+
Have you been charged with an impaired, over 80, or refusal of a breath sample?
What You Need To Know:
Adam has the know-how to be resourceful, aggressive & relentless in presenting the best possible case to defend your impaired, over 80, or refusal of breath sample charges.
A DUI charge is serious which can affect you for the rest of your life. Seeking qualified legal representation is never a bad idea.
Sentencing for impaired, over 80, and refusal of breath sample, like any sentencing case, will vary based on the aggravating and mitigating circumstances of both the offence and the offender.
CONNECT TODAY AND CLAIM YOUR CONSULATION
Contact us for a consultation with Adam Goodman and see how we can protect you and your loved ones.
What Are ‘Impaired’, ‘Over 80′, and ‘Refusal of Breath Sample’ Charges?
They are all separate charges
To be convicted of being impaired the Crown must prove that you were impaired by alcohol or drugs at the time of driving. To be convicted of Over 80 the Crown must prove that your blood alcohol level exceeded 100 milligrams of alcohol in 100 millilitres of blood at the time of driving. To be convicted of Refuse Breath Sample the Crown must prove that you refused to blow into either an approved screening device or an approved instrument.
Potential Defence #1:
Non-Compliance with Statute
Defences involving non-compliance with statute – due to the technical nature of these offences the police are required to comply with the requirements of the Criminal Code.
Potential Defence #2:
Since the taking of breath samples is in essence a warrantless search the police must take this evidence in compliance with the Canadian Charter of Rights and Freedoms.
My Charter of Rights were Violated?
The Judge must be the one who comes to this determination. Even if you feel your rights were violated the court may decide otherwise. In cases where a Charter violation has been found the court will then perform an analysis pursuant to s. 24(2) of the Charter.
What Comes Next?
Request Your Consultation Today
It is our utmost pleasure to represent and support you and your loved ones.
The sooner you contact us, the sooner we can protect you.
CLAIM MY CONSULATION