Case Study
Case Summary
The issue
A driver was arrested and charged with DUI after being pulled over for erratic driving, with the breathalyzer test's accuracy coming into question.
Our Help
KLG Barristers and Solicitors meticulously reviewed the arrest process and challenged the reliability of the breathalyzer test, seeking expert opinions on its validity.
Court Conclusion
Recognizing our challenges to the test's accuracy, the Crown opted to downgrade the charge to careless driving, sparing our client from receiving a criminal record.
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Driving under the influence
Introduction
Driving is an integral part of many Canadians' daily lives, allowing them to commute, run errands, and connect with loved ones. However, with the privilege of driving comes the responsibility of ensuring one's own safety and the safety of others on the road. Cases of Driving Under the Influence (DUI) have significant implications not only for the individuals involved but also for the wider community, emphasizing the importance of responsible road behaviours. Yet, in the maze of legal proceedings that often ensue after a DUI charge, it's vital to ensure that the rights of the accused are upheld, and the facts are accurately represented. At KLG Barristers and Solicitors, we pride ourselves on our meticulous approach to such cases, ensuring that every detail is scrutinized and every defence avenue is explored.
Note: While the essence of these legal battles remains accurate, specific details have been sufficiently altered to maintain anonymity.
Background
On what began as any other day, a driver found themselves in the midst of flashing police lights and the stern gaze of law enforcement. The reason for the pull-over was erratic driving behaviour, raising suspicions of potential impairment. As events unfolded, the driver was subsequently arrested and charged with DUI. This charge brought with it the looming threat of a criminal record, potential fines, and other associated consequences that could impact employment, reputation, and personal freedom. In the face of such serious allegations, the driver sought legal assistance, hoping for a fair representation and a just resolution.
The primary challenge was the DUI charge based on the results of a breathalyzer test, which claimed to indicate an alcohol level above the legal limit. The validity and accuracy of this test became the focal point of the defence, as any discrepancies could influence the case's outcome.
Our team took a multifaceted approach. We began by thoroughly reviewing the circumstances of the pull-over, the arrest, and the administration of the breathalyzer test. Questioning the accuracy and reliability of the test, we sought expert opinions and delved into the technicalities of the device used. With this information, we mounted a defence challenging the DUI charge, arguing that potential inaccuracies in the breathalyzer results could not conclusively prove impairment.
Recognizing the challenges we presented concerning the breathalyzer's reliability, the Crown re-evaluated the charge. They subsequently offered a resolution: downgrading the charge to careless driving. This outcome was significantly more favourable, as it did not result in a criminal record for our client, showcasing KLG Barristers and Solicitors' commitment to justice and effective legal representation.
KLG Barristers & Solicitors operates as a dynamic legal consortium, fostering an environment wherein attorneys and paralegals collaborate in an associative framework as opposed to a conventional partnership.
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