Archive for the 'Impaired Driving / DUI' Category

What Should I Ask My Lawyer?

Posted by michaelm on March 20, 2009 at 7:29 am

The night began well. You and your friends were out celebrating by barhopping and doing all sorts of interesting drugs. Your significant other decided to pass out and you chose to head home, because you both had to be at work tomorrow. Everything went fine until the police pulled you over and charged you with your first DUI. Being an upstanding citizen and all, this was a new experience for you. After drunkenly bribing the cops and resisting arrest, you find yourself incarcerated. Now you need a lawyer. Here are some questions and tips you should know when consulting with your attorney for the first time.

 

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 Ask the lawyer what their background and experience are. Some attorneys go into private practice right after graduation and may not possess the experience your case demands. Those with an extensive background in a Public Defender’s Office have put in more courtroom time and will know more of the ins and outs.

 

Be wary of lawyers who promise to get you off. Emotions can run high when charges are pending and some seek unreasonable assurances. Having an attorney tell you what you want to hear is not what you want. Make sure the attorney listens to the entire case, observes the evidence against you, and ‘knows’ the case before they make any sweeping claims. Empty promises do you no good.

 

Are they handling the case or a paralegal? Many times this is reflected in the price. An experienced lawyer commands larger sums than a junior attorney or paralegal, because in essence, they’ve earned it. It is important to make sure the lawyer you want to represent you is actually representing you.

 

How much? Fees vary based on the case type, the attorney’s level of experience, and many other factors. Try to find an attorney who offers free consultations. These consultations are your chance to interview him or her and gauge whether or not they are worth their fee. Asking about the payment structure is a good idea as well. Is it a flat fee? Hourly? What about additional charges? Even if you have to spend a few extra dollars to get what you need, know that a lawyer you can trust and does a good job is priceless.

 

Finally, do they seem trustworthy? Asking an attorney if they are trustworthy is probably not the best tact, but asking yourself is. Some lawyers may be more interested in the paycheck than in your case. Ultimately, it is important to find an attorney that gives you a sense of confidence, because at the end of the day, you need piece of mind knowing that the person representing you is someone you can trust.

 

For more information on Toronto Lawyers, Vancouver Lawyers, Ottawa Lawyers, Brampton Lawyers, Hamilton Lawyers, Mississauga Lawyers and local Lawyers in your geographic region, simply go to http://www.lawyerahead.ca/, post your case, and have lawyers with varying experiences, fees and expertise contact you with their proposal. 

We help thousands of clients find the right legal needs, whether they be a small business owner, come from a middle-class family, have a multi-million dollar mansion or even cannot afford the legal services but need it anyway.  We wish you all the best with you legal matter - you deserve the best services you can get.  Visit http://www.lawyerahead.ca/ in Canada.


What To Do If You Are In A Car Accident

Posted by Laura on February 24, 2009 at 8:58 am

Despite the crisis in the global automotive industry there is still a huge number of cars on the streets of every city. Huge number of cars lead to huge number of crashes, even if everyone is extra careful. And the number of deaths, injuries and damages in this accidents is huge, so be sure to keep in mind some of the following things in case you will have your car crashed.

You need to report to the police about the accident as soon as possible, just be sure to do all the needed things to collect evidence about the accident. After the cops arrive at the place of accident, the accident area will definitely become a more crowded place, so be sure to keep some evidence of the initial crash site. As we already wrote if someone is seriously injured it is a different situation and you need to report to the cops immediately.

So after the initial things we will step to more law related stuff. First thing that you need to know – do not take any fault. Even if you are guilty, the whole situation in the end will be solved by insurance companies and car accident lawyers and they will tell you what you need to do.

The next most important step is gathering information. Get other drivers info, license plate numbers, driver’s license numbers, full names, telephone numbers and addresses. It will be very useful to film the crash site, the best helper will be the camera in your phone, or better a digital camera. You need to capture the position of the vehicles and damages. It will help you to charge money if your car was also damaged by the tow truck, that dragged it away. Also do not try to repair the other drivers’ car, except when the repair is small and is needed to start the car. Get some info from neutral witnesses who saw the accident. Try to make a clear and detailed picture of the accident and the contact your insurance company and describe the situation.  Find top lawyers for your accident by posting your case on Lawyer Ahead - its as easy as step 1, 2, 3 and it is the best, free way to find a lawyer.

The last thing is the most important one. After you’re done with everything try to relax, you are still alive and damaged property is not such a huge problem.


The Smart Way to Plead Guilty

Posted by michaelm on February 1, 2009 at 5:45 pm

A lot of people enter guilty pleas as a means to save time and avoid a lengthy trial. By doing this, they are saying they did whatever they have been accused of doing, which may not actually be the case. It is extremely important to consult a lawyer even when you intend to plead guilty.

Lawyers can determine the veracity of evidence posed against you. Even if you are guilty, there are times when the Crown may not have enough evidence to prove that you are. It is best to retain an attorney in every legal matter, even if you are intending to plead guilty. In these situations, your lawyer may be able to get the case dropped or a plea deal.

Once you find a lawyer, the next step is to determine if you even should plead guilty. Your lawyer can look at all the pertinent evidence and use their previous experience to decide how the court case will play out. This may mean an acquittal on technicalities. For example, if the Crown acquired all of their evidence through an illegal search and seizure, your lawyer can file a motion to the judge to get it thrown out and the case dropped. If the Crown’s evidence is strong, your attorney can discuss the situation with the state’s attorney and possibly agree upon a plea deal.

Plea deals can be the best of both worlds. They are almost guaranteed to be a lesser punishment than that of a conviction while relieving you of a guilty conscious. Plea deals also save precious time litigating and allow you to get back to your normal daily routine. Many variables go into plea deal arrangements. For example, if this crime was your first offense, the severity of the crime, is the evidence substantial enough to prove you caused the crime, and extramural factors that surround the case.

It may seem smart and honest at the time to plead guilty, because you know you are guilty and want to get the proceedings over with as soon as possible, but it is important that you talk to a lawyer first. They will guide you through the process and help you avoid any excess heartache the case may cause. Your attorney is able to explain what exactly you will be pleading guilty to and the implications of doing so and find some alternative methods to pursue in your case that will benefit you in the long run.


“2 beer Defence’ - Impaired Driving Laws

Posted by Laura on January 28, 2009 at 9:37 am

When the first cars and most important the mass production of cars were invented, no one could even imagine how big this industry will be. It took about hundred years and the cars rapidly multiplied in numbers, becoming an important element of our everyday life. Unfortunately they became not only a useful thing, but also made their own death toll and turned even the smallest road a pretty dangerous place. The worst part of the accidents is definitely driving under the influence of better to say drunk driving, as you will see in this article even the smallest changes in laws on drunk driving can lead to heated debates.

The first rules regulating the driving under the influence were set with the Criminal Law Amendment Act, 1968-69, also known as Bill C-150. The bill made it a “per se” offence to drive with a blood alcohol content (BAC) in excess of milligrams of alcohol in 100 milliliters of blood, refered to also as Impaired Driving. Also the Bill stated that a refusal of a police officer’s demand to provide a breath sample is an offence too. Still the drivers managed to handle small over the norm alcohol level with “two-beer” defense. The idea of this defense is following, people accused of driving with more than the norm set by the law (.08 milligrams of alcohol in 100 milliliters of blood) would often argue they had consumed just two beers. Also a popular statement is that the last beer was consumed not long before the breath test, so there is more alcohol in their breath than in their blood.

An often used driver “two-beer” defense has been virtually abolished by a new federal legislation. The new changes, that are part of the federal government’s Tackling Violent Crime Act, kept the right to question the breathalyzer results, but only if the person provides the court with technical evidence proving the equipment was malfunctioning or wasn’t operated properly.

Some lawyers stated that the new legislation is unconstitutional and they will appear before the Superior Court of Justice in Toronto to present their arguments. They try to resolve thing quickly, before the government can get on with the business of prosecuting impaired drivers. The main argument is that with this change divers will be unable to protect themselves if the equipment is really damaged or malfunctioning. Usually drivers don’t know much about breathalyzers and they won’t be able to present valid evidence to the court. Also the information of the breath machines, including maintenance records, specs and the manufacturers’ manual are kept secret and not available to casual driver who is stopped on the street. This turns a useful tool into a one-way guilty ticket, in case of malfunctioning.

On the other side this change is positive for the police officers. Usually they are in a difficult situation. Some of the officers stated that they rely more on temporary license suspensions and not on the charges against drivers slightly over the limit, because the “two-beer” defense can easily beat these charges as an experienced lawyer would know.


DUI lawyers, DUI law, and DUI cases in Canada

Posted by Laura on November 21, 2008 at 10:41 am

There are millions of vehicles on road at any instant in the world. It is very important that people who are at the driving wheel be responsible enough to understand that a minor mistake from their end could lead to devastating results. Many a times it happens that the person at the wheel is not sober enough to even stand properly, let alone drive a vehicle. He could be under the influence of drugs, alcohol or any other consciousness impairing substance. The laws concerning these types of offences wherein the person is driving under the influence of such substances are called Dui laws.

The Canadian Dui laws are very strict. If the alcohol content in the driver’s body is above 80 milligrams per 100mls of blood then even if the person’s motor skills are fine, he would still be indicted under DUI laws. There are several ways by which the authorities can test the drug level in the driver’s body. Some of them are complexion flushed face, dilated pupils, stench

of an alcoholic beverage, difficulty in walking or standing and slurred speech.

According to the Canada DUI laws if the offence is committed for the first time then the usual penalty is a fine, for second timers the minimum penalty is 14 days in jail, whereas for the third time it is 90 days in jail. The local province has a right to suspend the driving license of the offender.

If at all you face such charges then you take the assistance of a DUI lawyer who can help you throughout the legal procedure. The Dui lawyer would make sure that you get the minimum penalty and in some cases even help you walk away Scott free.

Lawyer Ahead Inc, helps clients find a lawyer for their legal needs. Post your case and have lawyers assist you with your legal needs.


Why President George Bush was allowed into Canada with a DUI Charge

Posted by Laura on October 29, 2008 at 5:47 pm

Not sure if every one can remember the election days of 2000 and not sure if every one can recollect the controversy regarding Mr. Bush’s DUI charge. George W. Bush was arrested for DUI near his family home in Maine. According to the Criminal Code of Canada, individuals with a DUI records are not permitted to enter Canada. So how did Mr. Bush manage so many travels into Canada with his DUI record?

In order enter Canada with a DUI record, the record must be at least 5 years old. Further, you must prove to the Canadian Immigration officers that you have gone through the necessary rehabilitation steps and must have friends give written statements on your recent behaviors. But of course if you are the President of United States and were invited by Canada heads, I am sure the process was pretty sweet to gain access into Canada.


IMPAIRED DRIVING/DUI/DWI BASICS

Posted by Laura on October 26, 2008 at 6:10 pm

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Among driving violations, impaired driving is most emphasized upon, it can also be referred to as driving under the influence, or DUI, driving while intoxicated and operating while intoxicated. Impaired driving usually results in stronger fines and penalties than normal driving violations. Impaired driving entails that the person driving has consumed enough alcohol to impair his driving abilities and can be usually determined either by a blood-alcohol test, some other sobriety test, or just by the observation of an officer.
Drinking and driving is the most common crime committed in Canada. It is also the greatest cause of personal injury and death. Drivers who choose to drink and drive face not only endangering themselves or someone else, but also face severe legal and other consequences

In Canada there aren’t any national laws covering all aspects of drinking and driving, instead all provincial governments have enacted their own measures against impaired driving. The Constitution of Canada defines the powers of the federal and provincial or territorial levels of government.
All provinces and territories also use their authority under their respective highway traffic laws to impose administrative sanctions and measures that apply to drivers convicted of Criminal Code drinking-driving offenses. Note that some provinces may suspend driver’s license upon an individual being charged with impaired driving, rather than being convicted.

References to Criminal Code

Under the Criminal Code of Canada, driving a vehicle under the influence of alcohol is a generic term for a series of offenses. The main offenses are laid down under section 253 (a) and (b) of the Canadian Criminal Code and include:

1. operating a motor vehicle while the ability to do so is impaired by alcohol or a drug, and
2. operating a motor vehicle while having a blood alcohol concentration of greater than 80 milligrams of alcohol in 100 milliliters of blood.

Different types of Offenses
Impaired Driving causing death or bodily harm, drinking and driving if it causes death or bodily harm and if the right circumstances exist, could lead to serious charges, such as dangerous driving, manslaughter or criminal negligence.

First offense
The minimum charge if convicted of impaired driving is a $600 fine and 1 year driving prohibition.

Second offense
The minimum charge if convicted for the second time with impaired driving is 14 days jail time and and 2 year driving prohibition.

Third or subsequent offenses
The minimum charge if convicted for the third or any subsequent offenses is 90 days jail time and 3-year driving prohibition or worse.



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