Nothing compares to having your impaired driving charges dropped, yet many are left wondering how this happens. Skilled criminal defense attorneys can find flaws in the Crown’s case that could result in your charges being dropped, leading to them being dismissed outright. Here, we will look at some of the main reasons for a DUI dismissal case.
Lack of Evidence
A shred of insufficient evidence is one of the primary factors leading to DUI cases being dismissed in Canada, both during pre-trial proceedings and trials themselves. Most states charge drivers found driving under the influence of alcohol or drugs with DUI/DWI; however, in some jurisdictions, alternative terms exist, such as “DWAI,” which stands for driving while impaired.
To legally operate a vehicle in most states, your BAC (blood alcohol content) level must fall below 0.08%. A DUI conviction can lead to financial fines, license suspension, or even jail time, depending on its circumstances. Note that your DUI charge could be reduced to careless driving or another less severe offense, such as reckless driving, if the Crown approves of this course of action, typically leading to reduced penalties such as reduced points on your record.
Inaccurate Breathalyzer Results
Though many prosecutors and police officers would like to believe that breath test results are unquestionable, this is far from being the case. Many factors, such as diet, medication, medical conditions, and allergies, may alter breathalyzer results and could possibly result in false positives when taking a breathalyzer test.
Fermented foods such as sauerkraut, certain breads, and non-alcoholic beer contain trace amounts of alcohol that can register on a breathalyzer test. Furthermore, medications like Nyquil and certain Vicks products contain alcohol, which could also influence breathalyzer results; inhaling fumes from cleaning products or hand sanitizers could also trigger higher results on breathalyzer tests.
Breathalyzer testing equipment must be calibrated and maintained regularly for accurate results, which requires regular calibrations and maintenance checks to remain accurate. A lawyer trained to challenge prosecution evidence can identify any discrepancies that could lead to suppressed evidence and the dismissal of your case.
Misconduct by the Prosecutor
In some instances, prosecutorial misconduct during your case could provide grounds for DUI case dismissal. If this occurs to you, immediately seek help from a criminal defense lawyer. Prosecution misconduct refers to any violation оf law оr professional ethics while prosecuting a case. If prosecutorial misconduct occurs, those found guilty could either be removed from prosecution duties altogether or lose their license to practice law.
Prosecution misconduct often takes the form оf withholding exculpatory evidence that could have helped defend against conviction, known as Brady material and which must be disclosed to defendants. Examples оf prosecutorial misconduct could also include making statements unsupported by evidence оr mischaracterizing what has been presented іn court, potentially misguiding and unfairly prejudicing an accused party.
Such misconduct can even lead to dismissals if discovered early during trial proceedings – this is why having an experienced DUI defense lawyer оn board can help identify and challenge any prosecution misconduct in DUI cases.
Legal Mistakes
Criminal defense attorneys’ main goal in any criminal case should be to locate flaws in the prosecution’s argument and expose any possible weaknesses or mistakes that exist within it. A good criminal defense lawyer stands out from average ones by being adept at finding these loopholes; experience is key in knowing what mistakes may exist within each specific case and quickly recognizing them when necessary.
Legal mistakes in a DUI case can range from improper testing or violating Charter Rights to errors in testimony or the handling of evidence, leading to reduced charges or even dismissals in court. Any of these mistakes can seriously weaken the Crown’s case and potentially result in reduced charges or dismissals from court.
Before police can press charges against drivers for impaired driving, they must have reasonable and probable grounds to believe that they are under the influence of alcohol or drugs. A skilled criminal defense lawyer will be able to identify whether there were such grounds before arresting you and help have them dismissed; other potential reasons include an unlawful stop or arrest as well as lack of evidence, such as failing to conduct roadside breath tests correctly.
Violations of Your Rights
The Canadian Charter of Rights and Freedoms protects Canadian citizens’ rights. If law enforcement violates any of them, any evidence obtained could be excluded from your case – experts in impaired driving law can identify and prove any such breaches of your rights.
Your lawyer could show that police did not have enough reason to stop you in the first place; this may result in charges being dropped. They need an acceptable reason, such as a licensing check or safety inspection, before pulling you over; any evidence obtained during that stop would then be inadmissible against you.
Another way of beating a DUI charge, one way is to demonstrate your completion of alcohol or drug education or rehabilitation programs. You could provide evidence such as payment receipts for fines paid, certificates from MADD Victim Impact Panel meetings attended, or attendance records for Alcoholics Anonymous meetings attended; character references can also help convince Crown prosecutors that you pose no danger to society and won’t repeat past errors.
