DUI Lawyer in Oshawa
Experienced DUI Lawyer in Oshawa
Simeson Law LLP provides legal services for individuals charged with impaired driving offences in Oshawa and the surrounding area. As DUI lawyers in Oshawa, our team focuses on navigating the criminal justice process with a strong foundation in legal procedure, case law, and evidentiary review. Each case is approached with care, aiming to deliver legal representation that complies with Ontario and federal law. Contact us today for legal services.
Key Legal Issues in DUI Cases
Every DUI case involves technical legal components that must be evaluated against statutory and constitutional standards. We conduct a detailed review of all available evidence and police conduct to determine the proper legal approach:
- Charter rights violations: Examining whether the individual’s rights under the Canadian Charter of Rights and Freedoms were upheld during the stop, search, and arrest.
- Breath sample validity: Review procedures related to administering and maintaining approved screening devices.
- Unlawful stops: Evaluating if there was a lawful justification for initiating the traffic stop or detention.
- Timing of demand and testing: Assessing whether samples were collected within the legal timeframe required under the Criminal Code.
Admissibility of statements: Identifying whether statements were taken in compliance with legal rights and procedures.
Legal Consequences of DUI Convictions
Convictions for impaired driving in Ontario carry serious legal consequences. These outcomes are governed by both the Criminal Code of Canada and provincial driving regulations.
At Simeson Law LLP, we assist clients in understanding the penalties they may face so they can make informed legal decisions:
- Immediate licence suspension: Administrative suspensions begin at the charge time, pending trial outcomes.
- Mandatory fines and fees: Fines are set by legislation and increase with multiple offences or aggravating factors.
- Permanent criminal record: A conviction results in a criminal record unless a record suspension is granted later.
- Ignition interlock requirement: Individuals may be required to install an ignition interlock device in their vehicle following conviction.
- Imprisonment: In some instances, especially repeat offences, custodial sentences may be imposed.
Types of DUI Charges in Ontario
Impaired driving charges extend beyond alcohol-related incidents. As DUI lawyers Oshawa, our legal team at Simeson Law LLP is experienced in a wide range of impaired operation offences under federal law.
These charges can include:
- Driving while impaired by alcohol: Allegations of impairment based on officer observation or breath alcohol results.
- Drug-impaired driving: Impairment due to cannabis, prescription medication, or controlled substances.
- Over 80 mg offence: Operating a vehicle with a blood alcohol level exceeding 80 mg per 100 mL of blood.
- Failure or refusal to provide a sample: Refusal to comply with a lawful police demand for a breath or bodily sample.
Care or control offences: Charges where the individual is found in care or control of a vehicle while impaired, even if not driving.
Steps in the DUI Legal Process
Understanding the legal stages of a DUI case can help individuals prepare and participate effectively in their defence. Simeson Law LLP follows a thorough process from the initial arrest through to resolution.
Each stage of the process includes a detailed review of facts, rights, and legal options:
- Initial suspension and charge: Charges are laid, and an immediate licence suspension is issued.
- First court appearance: The accused is required to appear in court and may obtain disclosure from the crown.
- Case review and disclosure: Our team reviews police reports, statements, and forensic evidence.
- Pre-trial applications: Motions may be filed to exclude evidence or address legal irregularities.
Trial or resolution: The case may proceed to trial or be resolved through a plea arrangement or withdrawal.
Why Timely Legal Advice Matters?
Immediate legal representation is essential in DUI cases. Legal advice in the early stages ensures that procedural timelines are met and legal rights are protected. At Simeson Law LLP, we aim to provide timely assessments of each case to determine the most appropriate course of action.
We work closely with clients to review the circumstances of their arrest and examine all legal avenues available under the law. Schedule a legal consultation.
Request a DUI Case Review
Speak with our DUI lawyers in Oshawa today.