Excluding Evidence in Your DUI Case: Top Reasons and Strategies
Being charged with a DUI (driving under the influence) can be a daunting experience. The consequences of a DUI conviction can be severe, including fines, a criminal record, and even jail time.
As such, it is crucial to understand the types of evidence that can be used against you in a DUI case and how to suppress or exclude them from your trial. In this section, we will discuss the numerous types of evidence that can be used in a DUI case in Toronto, the reasons to exclude or suppress evidence, and the process of doing so.
Proof of Evidence in a DUI Case
In a DUI case, the court will collect as much evidence as possible to build a lawsuit against the accused. It is necessary to note that the burden of proof lies with them, and they must establish guilt beyond a reasonable doubt.
The police will provide a majority of the evidence through tests and reports. Although every case is different, typical examples of proof in a DUI trial may consist of the following:
- Breathalyzer or Blood Alcohol Test Results: One of the most significant pieces of evidence that can be used against you in a DUI lawsuit is the result of a breathalyzer or blood alcohol test. This test measures your blood alcohol concentration (BAC), which determines if you are over the legal limit.
- Field Sobriety Test Results: Police officers may also administer field sobriety tests to assess your level of intoxication. These tests may include the horizontal gaze nystagmus (HGN), walk-and-turn, or one-leg stand tests. The results of these tests can be introduced as evidence in your case.
- Officer Observations: The arresting officer’s testimony can be a critical piece of evidence in a DUI case. The officer may testify about your driving behaviour, physical appearance (e.g., bloodshot eyes or slurred speech), and any other signs of intoxication they observed.
- Video Evidence: Many police cars are equipped with dashboard cameras, and some police officers wear body cameras. Video footage from these devices can provide additional evidence of your intoxication or impairment.
Motorists having a blood alcohol concentration (BAC) exceeding 80 milligrams of alcohol per 100 millilitres of blood can face DUI charges. However, if the DUI charge involves a BAC below 120, the prosecutors might propose a plea for reckless driving under the Highway Traffic Act and remove the criminal charges.
Reasons for Excluding Evidence from a DUI Case
Suppressing evidence entails disallowing its inclusion. Any evidence that has been dismissed beforehand cannot be taken into account by the court when making a decision.
The basis for excluding evidence typically relates to the methods used to obtain it, such as:
- Unreliable Testing Methods: Breathalyzer and blood alcohol tests must be conducted properly to ensure accurate results. If the testing device was not properly calibrated, maintained, or operated, the results could be inaccurate and may be excluded from your case.
- Improperly Administered Field Sobriety Tests: Field sobriety tests must be administered correctly to be considered valid evidence. If the officer did not follow proper procedures, the results could be deemed unreliable and excluded from your case.
- Violation of Constitutional Rights: If the police officer violated your Charter rights during the arrest or investigation process, any evidence obtained as a result of that violation may be excluded. For instance, if the officer did not have reasonable grounds to stop your vehicle or demand a breath sample, the evidence obtained from that stop could be excluded.
Ways to Suppress Evidence in Your DUI Trial
Suppressing evidence means preventing the prosecutor from using certain evidence against you at trial. Successfully hiding evidence can weaken the prosecution’s case and increase your chances of a favourable outcome.
Here are some steps you can take to suppress evidence in your DUI trial:
- Hire an Experienced DUI Lawyer: A knowledgeable DUI lawyer can analyze your case and determine if there is any evidence that can be suppressed. They can also argue on your behalf to have that evidence excluded from your trial.
- File a Charter Application: If your lawyer identifies evidence obtained through a violation of your Charter rights, they can file a Charter application to exclude that evidence. This involves arguing that the evidence was obtained in a manner that infringed upon your rights and that admitting the evidence would bring the administration of justice into disrepute.
- Challenge the Admissibility of Evidence: Your lawyer may also challenge the admissibility of certain evidence, such as the results of a breathalyzer test. This can involve presenting expert testimony about the reliability of the testing device or the officer’s qualifications to administer the test.
Conclusion
Being convicted of a DUI can result in severe consequences, such as imprisonment. The punishments become even harsher if it is a second conviction. This is why it is crucial to collaborate with an experienced DUI lawyer in Toronto during the pretrial process.
They may be able to exclude evidence from your case, potentially increasing reasonable doubt and enhancing your likelihood of winning. With the assistance of a lawyer, you may even be able to have your DUI charges completely dismissed due to technicality.
Get in touch with skilled DUI lawyers in Toronto by selecting Calvin Barry Professional Corporation. We are well-versed in the intricacies of DUI legislation and can offer you the advice and advocacy required to attain the most favourable result for your situation.
Reach out to us now to arrange a consultation and discover more about how we can assist you in combating wrongful driving accusations.
Contact Calvin Barry Today.
Contact an experienced criminal defence lawyer in Toronto to fight for your case.
