New Challenges for DUI Defence Lawyers - Dui Lawyers

Category: Others/ Misc

Presentation Description

Have you been charged with impaired driving, a DUI, or any other criminal offence in Toronto, Ontario? Our Toronto DUI lawyers fight not only impaired driving, but also other criminal charges. Don’t Delay! Call us now at 416-613 8018 to book a free 30 minute consultation with one of the experienced criminal, DUI lawyers at Aitken Robertson.


Presentation Transcript

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New Challenges for DUI Defence Lawyers

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The Ontario Court of Appeal made it more difficult to exclude evidence in DUI cases where evidence was obtained in violation of the Charter of Rights and Freedoms. About

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At trial defence counsel argued that the breath sample constituted an unreasonable search because the officer did not follow the procedures set out in the OPP manual for the approved- screening device.

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At the Ontario Court of Appeal the full court agreed that the trial judge erred by excluding the breath sample evidence.

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The court held that “since drivers in these cases are almost invariably arrested and taken to the police station to provide further breath samples

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