Title: Thinking You Are Fine to Drive May Still Result in a DUI in Ottawa.
1Thinking You Are Fine to Drive May Still Result
in a DUI in Ottawa
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2One common mistake people make in regards to
operating a motor vehicle and driving under the
influence (DUI), is assuming they are perfectly
fine to get behind the vehicle.
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613.863.8595
3They believe their tolerance for alcohol is
much higher than compared to others, so do not
think they are drunk and can drive safely.
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613.863.8595
4Unfortunately, this is not always the case
because our abilities to properly gage our
performance decreases as we consume higher
amounts of alcohol.
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613.863.8595
5Alcohol can cause us to take greater risks, which
we would otherwise avoid while sober. As a
result, you could find yourself being charged
with impaired driving
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613.863.8595
6or Driving Over 80, depending on the results
from a breathalyzer test or other type of
acceptable test to determine the amount of
alcohol in your system at the time of the
offence.
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613.863.8595
7The laws regarding impairment are not always
concise, except in cases where the accused is
considered Over 80.
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613.863.8595
8Far too often, deciding whether a person is
impaired is left up to the police officer(s), who
made the traffic stop and their evaluation of the
individuals ability to safely operate the motor
vehicle.
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613.863.8595
9As such, there have been times when a person has
been charged with an impairment offence, even in
cases where they may or may not have consumed
alcohol or other substances.
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613.863.8595
10For instance, certain over-the-counter cold
medicines could result in an individual
exhibiting signs of impairment, when they are
otherwise not impaired by alcohol.
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613.863.8595
11Yet, the arresting officer mistakes these
symptoms as that of impaired driving. This is not
to say every case of impairment is the result of
the police not making accurate assessments,
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613.863.8595
12it is just to point out sometimes law enforcement
officers can make mistakes, as they are human and
have to rely upon the circumstances presented
before them to determine whether they believe a
person is impaired.
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613.863.8595
13The main thing to remember, if you are charged,
is calling into question whether you were
actually impaired from driving, as there as
different degrees of impairment.
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613.863.8595
14To better illustrate this defence, consider a
situation where you consume one drink at dinner,
then on your drive home are stopped and charged
with impaired driving.
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613.863.8595
15The question to be answered here was to what
degree were you impaired? Granted your ability to
perform certain functions may be reduced,
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613.863.8595
16but it is whether your ability to safely operate
a motor vehicle that truly needs to be answered.
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613.863.8595
17The courts and trial judge must be satisfied
beyond a reasonable doubt of the impairment. If
they are not, then it is possible to have the
charges dismissed.
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613.863.8595
18Even in cases, like a Driving Over 80 offence,
where it seems you are guilty, there are
sometimes other types of defences that can be
used to have charges reduced or even dismissed.
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613.863.8595
19If you have been charged with a DUI, before you
please guilty, call Ottawa DUI lawyer, Céline
Dostaler at 613.695.8595 for a free 30-minute
consultation today! Source-
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613.863.8595