Myth Number One: Most people accused of impaired driving or failing the breathalyzer are guilty.

 

Fact: This is the most common mistake made by people charged with criminal alcohol driving offences. Many people assume that if a person is arrested, “they must have done something wrong”. This assumption is especially wide spread when it comes to the offence of impaired driving.  But this is not the way that the law works.

 Section 11 of the Canadian Charter of Rights and Freedoms states:

 Any person charged with an offence has the right:

 

d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.

Just because you have been charged with a criminal alcohol driving offence does not automatically mean you are guilty.

No matter what your situation is, if you have been accused of driving a motor vehicle while under the influence, you have every right to fairness, justice, and all the protection that the Canadian Legal System guarantees.

 

Myth Number Two: Impaired driving cases cannot be won.

 

Fact: Depending on the facts of each case, there may be a number of different defences that can be raised to a criminal alcohol driving offence. 

Because people do not know their rights, many people end up pleading guilty to impaired driving or failing the breathalyzer instead of having a lawyer experienced in defending impaired driving charges examine the evidence to determine if there are any legal defence to the charges.

 

Myth Number Three:  Impaired driving cases are just like any other criminal case.

 

Fact: This could not be further from the truth. Criminal alcohol driving offences are remarkably different from other areas of law. Thousands of criminal alcohol driving offences cases are litigated all across Canada each week. The law is complex and an experienced impaired driving defence lawyer needs to have an in-depth knowledge of the Canadian Criminal Code, the Canadian Charter of Rights and Freedoms, the Canada Evidence Act and case law from all Criminal Courts including the Supreme Court of Canada.

Furthermore, an experienced impaired driving defence lawyer needs to have familiarity with police procedures, the operation of the Breathalyser and many other important issues.

 

Myth Number Four: A conviction for driving while impaired is a minor offence.

 

Fact: Laws relating to criminal alcohol driving offences get tougher every year. Politicians know that they can gain points among their constituents by increasing the penalties and prosecutions for driving while impaired.

Over the years, criminal alcohol driving offences have become more and more serious in Canada. July of 2008 saw a further increase in severity of the penalties.  This is yet another reason why it is so critical that individuals understand the process and their rights that they are guaranteed under the Canadian Charter of Rights and Freedoms.

 

Myth Number Five: Impaired driving charges are all the same.

 

Fact: Every impaired driving or criminal alcohol driving case is different. The worst mistake you can make (one that is all to common) is to assume that your case is just like any other.  An experienced impaired driving defence lawyer will explain the unique features of your case to help present your defence.

If you have been charged with a criminal alcohol offence, or any criminal charge, you can contact us for a consultation by calling us toll free at 1-877-423-2050.

Here is some helpful information about How to Find the Best Trial Lawyer for Your Case.