There are paralegal companies that advertise representation for Impaired/Over 80 charges. We recommend and provide you with a lawyer who specializes in this type of work. These are serious criminal charges with significant ramifications and you do in fact require assistance.
Over 80 is a criminal offence. In fact, it is one of the most complicated of all criminal offences.
Many impaired driving charges are successfully defended because a technical breach occurred in gathering evidence needed to prove that a driver was impaired. Most of these breaches have to do with infringements of the driver’s rights under the Canadian Charter of Rights and Freedoms (the “Charter”). Successful Charter arguments require an in-depth legal knowledge of this very complicated area of law. Only Lawyers with extensive training in the law have the knowledge necessary to make successful Charter challenges.
Many impaired driving defences rely on the testimony of an expert witness regarding the absorption and elimination rates of alcohol from a driver’s blood (in determining what the driver’s blood alcohol level was at the time of driving). A Lawyer who has the training, knowledge and experience to deal with this type of testimony and subsequent legal argument best presents these complicated defences.