Questions

QUESTIONS

We know you have lots of questions right now. 80% of our clients have no criminal record and have never gone through the criminal justice system. They don’t know what is ahead of them. We will answer all of your questions at the first meeting; however, if you need answers right now, below you will find some of your answers. If you don’t find your answer immediately, call us, we have the answers and we will help!

 

Jail

Unless you have hurt someone or worse, the likelihood of going to jail on your first conviction is extremely rare. If you have been charged with Impaired Driving Causing Bodily Harm or Death, jail is very likely.

Hope

There is hope. Every single client who has ever retained us always told us after we won their case, that they didn’t believe there was any hope. Well there is.

Almost every case has some hope-some more than others. It is also a fact that despite the degree of hope in any particular case, we can’t tell you today what will happen at the trial. Sometimes witnesses do not show for court. Sometimes the law has changed from the date of charge to the date of trial. Sometimes the police make fatal testimonial errors.

Of course some cases have little to no hope. If that is your case- we will tell you.

Experience Matters

Law is an art, not a science. DUI law by far, is the most complicated area of criminal law. It can take years if not decades to acquire the skills to defend an impaired (DUI) charge. AlbertaImpairedDriving.ca has over thirty (30) combined years of defending Impaired Driving/ DUI charges and almost 40 combined years of criminal law experience. In fact, 10 years of this experience was as a Criminal Prosecutor. We know both sides of the case.

Impaired (DUI) /Over 80-What’s the difference?

A charge of Impaired Driving is an allegation that you drove your vehicle while your ability to do so was impaired by drug or alcohol. Usually the police will allege that you had an accident or you were weaving while driving. Other allegations may include stumbling, fumbling, and sometimes vomiting.

A charge of “Over 80″ is an allegation that at the time of driving, your Blood Alcohol Concentration was in excess of 80 mg/100ml of blood. What does this mean? It means that the police are alleging that you had over the legal amount of alcohol in your blood. While the above two charges related, they are in fact different. Despite the difference between the two charges, the penalties are the same.

I Refused-Is That Better?

Often clients believe refusing to provide breath samples is better than doing so. As a general proposition, the penalties for Refusal are the same as the penalties for Impaired Driving and “Over 80″. On a case specific basis, there are times that refusing to provide samples can be better or worse than doing so however the best course of action is generally only clear after the fact.

Penalties for Impaired Driving/Over 80/Refusal

Upon a first conviction for Impaired Driving, “Over 80″ or Refusal, you will receive:

1. A criminal conviction;

2. A criminal record;

3. A minimum $1000.00 fine;

4. A three (3) month pre-trial driving suspension;

5. A Federal one (1) year driving prohibition;

6. A Provincial one (1) year driving suspension to run concurrently (at the same time) as the Federal driving prohibition;

7. Skyrocketing of Insurance;

8. Loss of Job?

9. Travel problems?

10. Other?

The Court may allow you to drive with an Interlock device (Breathalyzer machine) hooked up to your ignition after three (3) months.

Drinking Problem?

Some of our clients tell us they have a drinking problem while some, during our relationship with them, discover that they do. If you have or discover that you have a problem with alcohol or drugs or both, we can assist you in finding the help that you want. There are lots of treatment options out there.

With respect to your case, if you have a drinking problem, you may qualify for a Curative Discharge. This Discharge requires you to plead guilty to the offence but if you comply with the terms of this Order, you will not receive a criminal record and if this is your second related conviction, you will avoid jail.

Plead Guilty

The simple answer is no-at least not yet. As we have told you repeatedly, most cases have hope. We can’t tell you how good (or bad) your case is until we have received your side of the story and most importantly, reviewed the Crown disclosure (the police side of the story). Once we have given you our experienced opinion, only then should you decide what to do.

We will help you make the right decision. Given the stakes involved most of our clients take their matter to trial, but ultimately it is you who must decide if you want to do so.

Pre-Trial Driving Suspension (AALS)

If you have been charged, you have also been given an Alberta Administrative License Suspension or what we call, a pre-trial three (3) month driving suspension. That means that you can’t drive for three months (calculate the date carefully) and until you re-apply for the re-issuance of your license. If you drive during this period and get caught and convicted, you may go to jail.

You have an automatic statutory (legal) right to appeal this pre-trial suspension and must do so within 30 days, the reality is that very few appeals are successful. More often than not, it is our opinion that your money is better spent on the defense of your matter. However, if you decide to appeal, we would be pleased to represent you in this other proceeding as well.

Fees

AlbertaImpairedDriving.ca is able to offer a variety of fees allowing almost anyone charged with DUI/Impaired driving, the ability to get informed able lawyers. We have different lawyers from the most experienced all the way to junior counsel able to represent you on the Impaired (DUI) charges. Because of our team approach, whatever fee you choose, a senior Impaired (DUI) Driving Lawyer will be involved with your case.

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