Impaired Driving

An impaired driving charge has wide-ranging consequences. A conviction will result in a criminal record, a driving prohibition, a fine or a jail sentence, and increased insurance costs. For most drivers, fighting the charges is the only option. Successfully fighting impaired driving charges requires a detailed knowledge of criminal law and of court procedures. Every case will be different. Every case will require careful preparation.

At Noonan Hewson, when we prepare an impaired driving case for trial, we look for defences in three places: the facts of the case, the Charter of Rights, and the technical provisions of the Criminal Code.

First, the prosecution will point at the facts of the case which they say must add up to proof of impairment. Our job is to persuade the judge that the facts are as consistent with innocence as they are with guilt, as consistent with normal but imperfect driving as they are with driving that is impaired by alcohol.

Second, the Charter of Rights is a part of our Constitution. As such, it is part of the supreme law of the land. If the prosecution leads evidence that was obtained from our client in a way that violated the Charter, we will persuade the judge that it must be disregarded.

Third, the Criminal Code's technical provisions must be observed. If the police fail to conduct their investigation in accordance with the strict provisions of the Code, the results of that investigation will not become evidence in court. We work for drivers: contact us for a copy of FAQ Sheet - Impaired Driving.