Drive over 80 mgs

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Ottawa Criminal Lawyer Reviews

Dave Singh

3 days ago

★★★★★ Nick and his lawyers worked on my impaired driving case. I was worried about getting a criminal record, but they took care of everything.They got my charge dropped to a traffic ticket, not a criminal offence. I’m so happy with the result. Before the trial date, I met with his team to watch surveillance videos of me, solidify my defence, give me some information about the law, and do a dry run of the trial with my friend who was going to testify with me. I felt as comfortable as I could given the situation since he prepared me well. My lawyer seemed to be known and had a good report with the court which I believe was to my advantage. He also prepared two back up technical defences. We won the case.

Susan Miller

7 days ago

★★★★★ My husband was charged with impaired driving and over 80. We felt totally hopeless. It was difficult, but these guys were with us every step of the way, supporting us, explaining next steps, always answering our questions. They always were easy to get in touch with and answer questions. As a result of their work, the impaired driving and over 80 charges were withdrawn. My husband ended up with careless driving ticket, no criminal record. We are very grateful to this amazing team of knowledgeable and skilled criminal lawyers. We would recommend them to anyone who is in trouble and does not know what to do.

Mohammad Nazim

1 week ago

★★★★★ Highly recommend the firm and truly appreciate their hard work, this firm are the best at what they do, they have withdrawn my both charges of Drive over 80 and Impaired Driving. They are a bit pricey but however that’s what it needs for professionals to resolve your matters and they had the courtesy to have me pay it over a period of time so definitely worth it regardless. I recommend them to anyone with any kind of criminal cases specially what I went through as results was awesome. highly recommend 100% no doubt. I’m super happy with their work and results.

Marisol Almarazo

2 weeks ago

★★★★★ I recommend them because they won my case! My criminal charges WITHDRAWN and my record will be erased immediately. I recommend them 100% for any legal problem that you need. The results that they provided were very impressive. Thank you

John Stocco

2 weeks ago

★★★★★ I was charged with Care and Control of a Motor Vehicle over 80mg. From the moment I contacted Mr. Charitsis, I was put as ease. The trial was simply outstanding to watch my lawyer cross examining the officer who charged me. In the end, I was acquitted thanks to the expertise of these lawyers. If you have been charged with a criminal offence then I would highly recommend!

Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts in individual cases.

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Drive Over 80mgs Lawyers

Criminal Lawyers in Ottawa Defending Drive Over 80 Charges

Drive Over 80 Lawyers | Law ScalesDriving over 80 milligrams in Ontario is a serious criminal offence with severe consequences. If convicted, you could face significant fines, licence suspensions, and even jail.

A conviction for Drive over 80mgs not only brands you with a criminal record, but also opens you up to a wide range of penalties including losing your licence.

We can help. At the Ottawa law offices of Charitsis-Sheikh, we have a winning team of skilled and experienced DUI lawyers experienced in Drive over 80 law.

What is Drive over 80 mgs?

Driving over 80mgs, also known as “Over 80,” is a criminal offence in Canada that refers to operating a motor vehicle while having a blood alcohol concentration (BAC) that exceeds 80 milligrams of alcohol per 100 millilitres of blood.

What the Criminal Code of Canada is saying is that there is a line at which a driver is allow to have in regards to the level of alcohol in their body.  The level is call the blood alcohol concentration (BAC).

That line is 80 milligrams of alcohol per 100 millilitres of blood.  The police report it after taking an breathalyzer tests e.g. readings of 110mgs.

This criminal offence, doesn’t suggest that the driver was drunk or impaired.  The reading only says that the driver was above or below the legal level of alcohol in their blood.

Drive Over 80 Penalties

Criminal convictions for Drive over 80 can lead to devastating penalties for drivers. The consequences of a Drive over 80 conviction can affect your family, driving ability, and livelihood. Here’s what you need to know about the penalties for Drive over 80:

Penalties upon arrest:

  • Seven-day vehicle seizure
  • 90-day licence suspension
  • No collision coverage in accidents
  • Towing and storage costs
  • License reinstatement fee

Penalties upon conviction:

  • Criminal record for life
  • Fine between $1,000 to $2,000
  • Possible jail time up to 2 years
  • One-year licence suspension
  • Mandatory alcoholism testing
  • Mandatory interlock device
  • Mandatory Back on Track program

Insurance rates can be significantly affected for drivers convicted of Drive over 80, where insurance will not pay for damages if an accident has occurred.

Licence suspensions and additional penalties such as mandatory Back on Track program, alcoholism testing, and ignition interlock devices must be completed to get the licence back.

Drivers convicted of a second or third Drive over 80 charge face

  • increased penalties,
  • including longer jail time,
  • higher fines, and
  • lifetime licence suspensions.

Any conviction for a DUI offence,Drive over 80 or any drinking and driving charge will result in a criminal record for life, which may affect employment opportunities and travel to the USA and other countries.

Fighting Drive Over 80mgs

At Charitsis-Sheikh LLP, we specialize in fighting Drive over 80 charges. We understand the serious and disabling consequences of being arrested for a DUI charge, and we want to help you.

To win Drive over 80mgs charges, a lawyers needs to have an expert knowledge of the law, experience in running criminal trials, and the ability to speak and argue persuasively.

As defence lawyers, we possess all of these qualities, and we have reviews and testimonials from our satisfied clients to show for it.

Here’s what you can expect when you work with us:

  • A thorough review of the facts to learn what happened, including the lead-up to the arrest, what happened during, what happened with the police,whether everything was done legally, and if your rights were violated.
  • Observations of the strict guidelines for collecting and presenting evidence in DUI and impaired driving cases.

  • Legal advice at all stages, including ordering police notes and disclosure, representation at all court hearings, representing you at meetings with the crown attorney, preparing and presenting all legal and trial arguments, and representing you at trial.

  • Our goal is to defend you through the legal system, to take care of your legal interests, and win your case.

Some cases go to trial, while others are resolved before any trial proceedings.

There are times when our lawyers have charges withdrawn or reduced to non-criminal traffic charges. Like reducing a Drive over 80 charge to a careless driving traffic ticket. We also explain to our clients where we see opportunities to win their case or raise legal defenses.

As former crown attorneys, we know the law and are well-known to the judges, and we have a proven track record of winning and resolving drinking and driving charges. We will fight to protect your reputation, driver’s license, employment, and your ability to support your family.

Thank you so very much we are forever grateful for your services. Nick was attentive and took the time to explain the entire procedure and what it would entail, the office followed up with every phone call and getting the information needed to proceed with the case.
David D. Ottawa

Drive over 80 - Legal Arguments

When it comes to impaired driving charges, there are several legal arguments that can be used to build a strong defence.

At our law firm, we thoroughly review each case and consider arguments such as:

  • Rules of Evidence: When the police collect evidence against you to use in court, there are strict rules.  Where evidence e.g. breath samples are collected improperly it can result in a dismissal of charges.

  • Recent Drinking: Were you actually over the legal limit at the time you were driving. It’s important to determine if you were over the limit when you were stopped by the police, or if it was at some point after. Time is a crucial factor in these DUI cases.

  • Rights to Counsel: The police are required by law to inform you about your right to speak to a lawyer and give you that access in privacy. If your rights are violated, it may result in a dismissal of the charge.

  • As soon as Reasonably Possible: The police must ensure that there are no unreasonable delays throughout the investigation, including arrests, breathalyzer tests, and all other aspects of the investigation. These actions should be performed as soon as reasonably possible.

  • Right to Trial within a Reasonable Time: There are time limits for holding a trial, and the prosecution and court system must ensure that your trial takes place within a reasonable period. This right is protected by the Canadian Charter of Rights and Freedoms.

  • Proof beyond a Reasonable Doubt: The judge must be 100% certain of your guilt in order to convict you of DUI. If the judge has any reasonable doubt about your guilt, they should dismiss the charge.

This is not the complete list and each case has differences, nuances and issues. In our law office, we will use our expert knowledge of the law and criminal trials to build a strong defence for you. 

Pre-trials & Drive over 80mgs

Not every DUI charge and Drive over 80 case goes to trial. Before any trial, we schedule and attend a “pretrial” meeting with the crown attorney to assess the case and discuss the following:

  • potential issues with evidence
  • what the trial issues may be
  • the grounds supporting the charge
  • the possibility of reducing the charge to a traffic ticket
  • any potential compromises
  • whether the case will proceed to trial

Many times where there are issues, or low readings with a clean driving record and criminal history we can resolve criminal charges.  Reduce charges accept some responsibility but avoid criminal license suspensions and a criminal records.

Cost to Fight Drive over 80

Being charged with a criminal offence is a serious matter and can have life-changing implications. We firmly believe that this is not a time in your life look for cheap or “affordable lawyers”. With cheap and affordable, there’s always a catch…

This one event in your life can have long term implications on your drivers licence, livelihood and family.  When charged with any criminal offence, you need the very best legal representation to protect yourself and your future.

As defence lawyers we don’t nickel and dime our clients. We do charge a fee which represents the high caliber of legal representation that we provide.

Our goal is to win your case, and we will do everything in our power to provide the best possible defence. We will appear and arrange all court dates, disclosure requests, discussions with the Crown Attorney, and prepare all documents and motions for your case, including trials.

Prior to any trial, we will meet with the Crown Attorney to review and argue the merits of a withdrawal and to canvass any reduced charges. We will keep you informed and updated on your case and provide advice on what you can do to help your case, such as writing out your version of events, obtaining documentary evidence or witnesses, and arranging for counseling if necessary.

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Call: 613-703-5599