How A Lawyer Works On An Impaired Driving Charge

When a person comes into our office, we start by gathering as much information as we can from them.

People will typically have fair bit of information that they have acquired from the police. They will usually have a copy of the breath-technician’s report which is created by one of the police officers involved in the investigation. If they have been made to take a breath analysis sample, they will usually have the copies from the machine itself. These can reveal quite a bit of information and are helpful to us because we can see how the police are investigating the offence and how close we are to legal limits or how far we are away from them. We take a look at all of this information with the client and discuss in very general terms what the process is going to be going forward.

It’s also important to be aware of the time involved in fighting the charge. Since a trial is required, there is a minimum wait of 6 months. The more common waiting period is from 9 to 12 months.

Impaired driving cases themselves are very complex and very much based on small details that vary just a little bit from case to case. It is very hard for any professional to give you an accurate assessment of the person’s case based on this early information. Yes, some defenses may be obvious right away, but commonly the defense of a charge develops as we get to see the information the police have when we get closer to the trial.

In impaired driving cases, perhaps more so than in other cases, it is also very common for the defense to develop literally in the middle of trial. And that is because of the complexity of the statutory regime that is out there, which the police have to follow and comply with. Even small slips of the tongue or a small missing piece of evidence can radically change the strength of the case. This ability is the advantage of working with an experienced lawyer.

If you, or someone you care about, is dealing with criminal law issues in the Toronto,Ontario Region, contact Adler Bytensky Prutschi Shikhman for a consultation.

This information is taken from an interview from August 10, 2007 with Ed Prutschi, Criminal Lawyer with Adler Bytensky Prutschi Shikhman, a Criminal Law Firm in Toronto. The article is provided as an information service only and should not be used as legal advice. Laws vary by jurisdiction so please consult with an appropriate legal professional if you are looking for help with a specific situation. Visit for a listing of Criminal Lawyers across Canada.