In this video, I'm going to explain how it may be possible to get your DUI or Impaired charges withdrawn. And we're going to give you a real life example of how this may happen.
Now, getting a DUI or Impaired charge is incredibly scary.
It can impact your ability to work and make money.
It can impact your relationships and reputation.
And I mean, bottom line, it can destroy your life.
One of the most important questions that you should have is whether it's possible to get your DUI or Impaired charges withdrawn.
And the answer is maybe.
With DUI or Impaired charges, there are very specific, detailed rules that the police must follow.
Now, these rules start from the very moment of your first interaction with the police and lasts all the way until the time you leave the police station.
And that could be many, many, many hours later.
And these rules, they're not optional.
The police have to follow these rules.
And if the police do not follow these rules and even if there's a mistake on just one rule, then it may be possible to get your charges withdrawn.
And even if you appear to be guilty.
Now, these rules stem from a document called the Canadian Charter of Rights and Freedoms.
Now, you may have heard about this Charter in the news or on social media or on TV.
And because the Charter is so important in the context of a DUI or Impaired charge,let me take a few minutes to discuss the Charter and how it can be used by your lawyer to get your DUI charges withdrawn.
So first, what is the Canadian Charter of Rights and Freedoms?
The Canadian Charter of Rights of Freedoms sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society.
And the Charter is one part of the Canadian constitution.
Now, the Constitution is a set of laws containing the basic rules about how our country operates.
Now, second, that leads to the question of, I mean, why does this matter?
Why is this important?
And the Charter is important because it protects basic rights and freedoms that are essential to keeping Canada a free and democratic society.
Now, in the context of a criminal charge such as a DUI or an Impaired charge, this is incredibly important because the Charter ensures that the government or anyone acting on its behalf doesn't take away or interfere with your rights or freedoms unreasonably.
And these aren't just words.
These words have real power.
These words have real meaning.
The Charter is effectively a rulebook by which everyone acting on behalf of the government, including the police and the crown, which is the lawyer that may be prosecuting your case.
These are the rules that they have to follow.
These rules are not optional.
And if these rules are not followed in the context of your DUI or Impaired charge, then it's possible to get your charges withdrawn.
Now, the Charter has 34 sections and not every section has applicability to a DUI or Impaired charge.
But the ones that do have been interpreted by the courts since the early 1980s when the Charter was added to the Constitution.
And there have been thousands of cases that have gone to court to interpret the meaning of the Charter and these court rulings.
Effectively, what they do is they actually flesh out in detail the rules that the police and the crown have to follow as they conduct their case against you.
Now, in theory, right, that sounds easy.
Court makes a ruling and the police and the crown reads those cases, which are effectively the rules of how they got to do their job.
But the reality is we're all human.
You know, we all make mistakes, including the police and the crowns.
And we find that police officers make even more mistakes on DUI and Impaired charges because these charges are very technical in nature and they can be really confusing.
And that confusion can work to your advantage, because if a mistake is made, that mistake, if it breaches your Charter, right, may result in your case getting thrown out and withdrawn.
And if that happens, you walk away as if nothing has ever happened. Next Law publishes these videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.
