GUILTY OR NOT

Traffic Ticket? Impaired Driving? Criminal Traffic Offence? Speeding over 50 km/h? Contact the experts at MATHESONS.CA INC. for a free traffic ticket evaluation.

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Criminal / Impaired Driving

Criminal and Drunk Driving Offences

If you consume alcohol to excess, operate a motor vehicle, and are pulled over, you WILL be charged. (Yes, even on private property!). Drunk driving charges (Impaired Driving , Drive Over 80 mgs , DWI and DUI) , are criminal offences, which means they are breaches of a Federal statute.

Other criminal driving offences include Failing to Provide a Breath Sample, Dangerous Driving, Failing to Stop After an Accident, Criminal Negligence in the Operation of a Motor Vehicle, Driving While Prohibited, Engaging Police in a Pursuit, and any of the above situations that result in bodily harm or death.

The penalty for a criminal driving offence, on a first conviction may include (in the absence of any aggravating circumstances) a suspension of your driving privileges, a fine in the area of $1000, and your insurance premiums soar frequently toward the $7500 per year figure (…for six years!).

Fight traffic tickets online, request a no obligation quote from us.

Should I plead guilty or not guilty to criminal or drunk driving charges?

There are two issues to consider in answering this question:

1. Is there a defense available to you, regardless of guilt?
2. Can there be an advantage in entering an early plea of guilty?

If the prosecution calls enough evidence to REQUIRE a defence, and one isn't available, then a conviction may ensue.

If an early guilty plea is entered, the court will recognize the remorse demonstrated, and thank you for saving thousands of taxpayers' dollars in trial time by reducing your fine by a few hundred dollars. But that's all. The conviction, suspension, and insurance hikes remain intact. You'll save the lawyer's fee, but the cost of losing is significantly greater.

What defenses are there for criminal traffic offences?

If you're charged with drunk driving, the basic defenses take the form of either, “I wasn't drunk.” or, “I wasn't driving.”

In the former, either through disabling the prosecution, or through presenting credible defense evidence, (ideally both) as to the reliability of the accusations, there may be reasonable doubt available to warrant an acquittal.

In the latter, a lawyer could concede that the accused was impaired, but argue that no evidence exists that while impaired the accused was ever operating or in care and control of a motor vehicle. (…in a position to set the vehicle in motion, even by accident.)

It is for that reason precisely that each incident warrants individual evaluation by a legal expert. On having done so, each person is free to make what will necessarily be an informed decision on how to proceed.

But you’re a paralegal firm. Don’t I need a lawyer for criminal charges?

For some criminal charges, yes. For criminal driving offenses (now referred to as “super-summary” offenses because the available jail terms have risen from six to eighteen months) lawyers have been required since July 2nd, 2008. Since then, MATHESONS.CA INC. has networked with a series of lawyers in a host of specialty areas, and Mathesons role now focuses on the assessment of our clients’ individual situations, the identification of specific legal issues or concerns, the pairing of the client with the lawyer ideally suited to their needs, and the appearance in court for that lawyer on all required dates preceding the trial date. This streamlining process has proven beneficial to the courts, the lawyers, and most importantly to our ability to keep our clients’ bill to a very manageable maximum.

What's MATHESONS success rate in defending criminal driving violations?

1. Success is defined by the client, not MATHESONS.CA INC. . For example, in one case, the Crown was seeking a six-month jail term for a 4th time offender. However, based on our defense, the Crown agreed not to tender the accused's record in exchange for an early guilty plea. The final agreement was an $800 fine, alcohol abuse counselling, and a one-year driving prohibition. While the client was elated with MATHESONS.CA INC., it was still a guilty plea.
2. The question is a back-door way of asking, “What are my chances?” This is neither an answerable nor a relevant question. To win the trial, there must be a flaw in the prosecutorial process. It could be the investigation, the file management, or, most likely, in the trial itself. We can only assess the specific trial issues, and advise accordingly. Secondly, the decision to proceed to trial ought never to be based on what can only be imagined are one's chances of winning; we go to trial because we're smart enough to realise we don't have a choice.
   For impaired driving offences the stakes are far too high to consider a guilty plea!!
   Seek professional advice, and if necessary, retain a legal expert to defend your good driving record
   For a FREE, no obligation assessment of your situation, complete our online request form and one of our criminal / Impaired driving specialists will contact you within 48 hours.

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