What To Do When You Get a DUI Charge for The First Time

Hiring a DUI lawyer is the first thing that anyone accused of driving under the influence or facing a DUI charge should do. 

The above is to ensure that a good defense is established early on more so that territorial, provincial, and federal governments are quite strict and ruthless when it comes to prosecuting DUI cases.

Groundwork for Good Defense

Whether or not one is guilty of driving under the influence, the courts follow a procedure wherein the accused will be asked to appear in court. Should the first court appearance is to be without a lawyer, the defendant can file a request for two to three weeks continuance to find and hire a DUI lawyer. In the event that the prosecutor provides a disclosure package containing witness statements and police notes, a charge screening form, and a synopsis of DUI charge, this should be safeguarded and shared with the selected lawyer. 

Going for A Guilty Plea

Hiring a DUI lawyer is a must even for those who plan to plead guilty. This is because even with a guilty plea, there are still negotiations to be done that can turn events to be more favourable for the defendant. 

Note that pleading guilty will lead to a criminal conviction that will be tied to one’s name for life. It will be there no matter how much fine was paid and no matter how  long a jail time was served. It is one thing to be accused and convicted and a totally different thing to convict one’s self. For one, holding a public office will be next to impossible as well as having a career as a medical professional, a legal professional, part of the law enforcement, and many more. You will have to be fully aware of the consequences of pleading guilty before doing so. Having a DUI lawyer can help you with this. 

Defend Against a DUI Charge

Choosing to fight a DUI Charge should begin with a good strategy formulated by a Criminal Lawyer. This requires a detailed initial consultation between the accused and the DUI lawyer to counter check all details which include but are not limited to:

• What the accused drank or ingested

• What the police saw and said

• What the defendant saw and said

• How were the intoxication tests administered 

• Were there any witnesses

• Was the protocol followed

• How the arrest was done

Part of the defense for a DUI charge is for the defendant to behave as a model citizen and not cause trouble during the case’s duration. This means dressing appropriately for court, showing up on time, responding respectfully when addressed, and generally showing a sense of social responsibility. Know that no matter how amazing a DUI lawyer is, things will not end well with a client that comes to court late and obviously intoxicated. 

A good DUI lawyer will prepare the client for cross examinations and giving testimonies, possibly going over questions the other party will ask to help the client be more confident and eloquent when speaking in court. All in all, a defendant that can show the court that he’s repentant and shows commitment to be a better person is a dream client to defend for DUI lawyers. 

A DUI conviction can mean a stain on your record that can affect what jobs you can take, where you can buy or rent a home, how much insurance you’ll have to pay, and more. You need to ensure that you don’t hurt your chances of getting a DUI pardon as soon as possible and that you have a DUI lawyer that can mitigate your charges. Calvin Barry is a Criminal Lawyer in Toronto that can help with this. Contact Calvin Barry Law today!

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What You Need To Know About Disclosure in Canada

A disclosure package is given to any individual charged with a criminal offence in Canada to inform that individual of the case to be met in order for the same individual to make full answer for defence. 

Generally speaking, the Crown is obligated to disclose all information and control it has on the case with the exception of instances wherein those information are not relevant or when they are subject to privilege.

Inclusions in a Disclosure Package in Canada

Due to the importance of disclosure information in forming defence for the accused, the following are the typical items found in a Canadian disclosure package:

• A synopsis consisting of the summary of allegations for the Accused
• Statements provided by the Accused in videotaped, written, or audiotaped format
• Statements provided by civilian witnesses in videotaped, written, or audiotaped format
• The Accused’s criminal record
• Memorandum notes by police officers
• Copies of related court orders such as Probation Order, Recognizance of Bail, and the like
• Applicable documentary evidence such as banking records, Expert Reports, and surveillance video

Important Details about Disclosure in Canada

It should be noted that the initial disclosure package need not necessarily include all the details that the Crown is obligated to disclose, and thus, important details might be missed if a case was handled by an inexperienced lawyer. 

An experienced criminal lawyer is your best bet in making sure that you’ll have all the information you need to formulate a good defence, more so in cases where missing out on one key detail can mean a huge difference in a case’s outcome. 

Drinking and Driving cases such as Impaired Care and Control, Excess Blood Alcohol, Impaired Operation, and Refusal to Provide a Breath Sample are cases that heavily rely on machinery and tools that may not reflect the truth. It is important to be able to scrutinize how the data were obtained and what they truly mean. Remember, success in defending criminal cases rests largely on how much information you have. 

Need to talk to a Criminal Lawyer in Toronto to help you understand Disclosure further? Calvin Barry is no stranger to Drinking and Driving cases and related charges. Contact Calvin Barry Law today!

2 Charges Dropped Against Calvin Barry's Client Mike Bullard

Calvin Barry's client Mike Bullard saw 2 charges against him dropped last week. Mr. Bullard is no longer facing the obstruction of justice and criminal harassment charges. 

Mr Bullard's lawyer, Calvin Barry was quoted as saying "it was very rare and I was quite surprised. Those were the two, by far, the most serious charges". My Barry also feels confident that the remaining charges will not lead to conviction. He stated "we're very close to resolving things". "It's not in the public interest to go ahead". 

Calvin Barry also said that Bullard has not had any contact with Mulligan for over two years and that his client would "gladly agree to a peace bond so both parties can move on." "This should properly resolve itself."

Read the Toronto Star article here.

Calvin Barry - Pleading Guilty For A DUI In Canada

Pleading Guilty just to get things over with may work in your favor for a lot of cases, but that isn’t really true when pleading guilty for a DUI in Canada.

It  is often the case that those who’ve had their first DUI charge don’t want to deal with the anxiety and stress of going to court appearances and think that pleading guilty can result to less issues down the road. This is far from reality and the following reasons will tell you why.

It is Okay to Take Your Time

There is no rush when pleading guilty for a DUI in Canada because the court’s process takes months! You’ll have a few weeks to procure a criminal lawyer after your first court appearance (guilty plea or none). Your hired lawyer will take weeks to review the case against you, combing the disclosure for details and requesting for more information if needed.

You’ll Be Better Off When Making an Informed Decision for Real

Pleading guilty for a DUI in Canada during your first court appearance is like trying to pilot a plane on your first day at flight school. You don’t know how things work and by insisting on plunging head-on, you’ll be putting yourself in trouble and jeopardizing your future.

A Strong Case Against You May Be Absent

Your first court appearance is all about obtaining your disclosure – the file that contains the evidences against you as well as other important details that can help defend your case. It is possible that the disclosure can unlock the gates to your freedom!

Your Disclosure Can Clear Your Name

Some DUI arrests have mistakes that can mitigate circumstances or it is possible that you’re not supposed to be charged due to lack of evidence to begin with. A seasoned criminal lawyer can uncover all that and advise you on the best course of action to take to make the case’s outcome more favorable for you.

Remember, pleading guilty may or may not be the best course of action if you’ve been arrested for a DUI. It is best to consult with a criminal lawyer with an extensive experience handling DUI cases. Calvin Barry is a criminal lawyer in Toronto who can help. Contact Calvin Barry Law today!

Definition of Impaired Driving Has Limitations As Shown on an Ontario Ruling

Getting convicted for driving under the influence means that a DUI charge will be linked to your name. This link will be there for years to come until such time that you’re able to get a record suspension or a DUI pardon with the help of a DUI lawyer.

But what constitutes impaired driving? 

Is it impaired driving if you simply slept in your parked car while waiting for the effects of alcohol intoxication to go away?

Would you be fine with going to jail for sleeping in your car when you’re drunk because you did not want to drive until you are feeling much better?

Location, Location, Location!

What defines impaired driving or driving under the influence differs widely between provinces and territories. In a 2016 case in Ontario, a drunk man was found sleeping inside his car which was parked outside a housing complex in Burlington. He was charged with DUI.

The Ontario ruling by Justice Alan D. Cooper stated that the man, Ryan Toyota, was not guilty of any criminal offences despite leaving the engine and the exterior lights on because of several factors. One factor is that he meant to stay in a friend’s house but got locked out. Another is that he had to stay inside the car because this occurred in February 2015 in sub-freezing temperatures.

The ruling focused on a section of the Criminal Code which establishes the presumption of care or control of the vehicle – stating that the risk of danger is a fundamental element of care and control.

In the court’s opinion, they believed that Mr. Toyota had no intention of driving his vehicle and that the engine was just left on to keep himself warm. They also believed that Mr. Toyota had no means of getting inside his friend’s home because the homeowner passed out after accidentally locking the door on the way in.

The court said that it was clear that Mr. Toyota intended to spend the night in his friend’s home and made do with the safer course of action when given no other options except staying in his car or driving home.

What Really Happened

The police report did say that they found the defendant inside his vehicle which was parked outside the housing complex in sub-zero temperatures. The officer opened the door and smelled alcohol so he asked Mr. Toyota to step out and found that he was intoxicated. Mr. Toyota was then arrested and brought to the police station to be tested.

Real Justice

Justice Cooper noted in his ruling that the data from the police clearly stated that Mr. Toyota’s car was parked properly and in no danger to anyone at the time the police officer found him. Although there was a realistic risk of the defendant choosing to drive in his intoxicated state, the fact remains that he did not.

The court also believed that although Toyota’s blood alcohol level was lot higher than what defines legally drunk, it is highly unlikely that he would have suddenly change his mind and go driving if the officer didn’t find him. At the end of the day, the details of the circumstances dictated the court’s ruling.

The above is why you need a seasoned DUI Lawyer to help you deal with a DUI charge. Not everyone who is in a vehicle and intoxicated mean to do harm or is a danger to people. Calvin Barry Law specializes in uncovering the truth. He is the Toronto Criminal Lawyer that you need on your side! Contact Calvin Barry today!

Calvin Barry | Alcohol Boating and the Law | What You Have to Know

Boating in Ontario is a common past-time that is loved by many more so for warmer months when it can feel like there’s not a better feeling than being on the water with a cold beer in hand. Before you get too excited, know that alcohol is frowned upon by the law when boating and more importantly, there are a lot of things you must know regarding the law doesn’t like you mixing boating and alcohol together.

When Are You Boating?

Are you aware that simply floating on a drifting kayak is part of what is considered boating? Vessels include inflatable rafts, sea-doo, dinghy, canoe, sailboat and canoe as defined by S.124 of the Canadian Criminal Code.

When Are You Boating and Drinking?

Being on a vessel (with no one else controlling it) while with a higher than the standard blood alcohol level is penalized with the same severity as committing Driving with Excess Blood Alcohol and Impaired Driving.

What Happens When Caught Boating with Alcohol?

A person on a vessel when stopped by an officer will be arrested for Impaired Operation if the officer perceives that the person in question is not fit to operate a vessel or if the officer has reason to believe that the person has had quite a lot to drink.

In the station, the arrested individual will be asked to provide breath samples into a breathalyzer to determine his or her blood alcohol level. A blood alcohol level that is more than 80 milligrams per 100 milliliters is considered to have committed an Over 80.

Specifics vary widely in terms of what was actually committed and how the arrest was made. The bottomline is, you cannot be ‘in control’ of a vessel and drinking alcohol as well. Barring certain circumstances, it is better for everyone on board to not be drinking to be on the safe side of the law and not get convicted because of a technicality.

Need help handling an alcohol-related boating offence? Call DUI Lawyer Calvin Barry ! He handles more than impaired driving cases and can assist you with your boating and alcohol-related charge.

The Bail Hearing Process in Canada

Dealing with an arrest related to a criminal offence is not just scary, but is emotionally draining and very stressful as well. You’re not sure if a criminal charge will be your future, whether you’ll be simply released, or if you’ll be held for a bail hearing.

A bail hearing is part of your rights in Canada, as it is stated in the Canadian Charter of Rights and Freedoms under Section 11(e) that detained individuals in Canada have a right to reasonable jail except in instances when they should remain in custody.

From Arrest to Bail

After an arrest, the accused person is transported to a police detachment for interview and questioning. The police is required by law to inform the accused of his right to remain silent as well as his right to a defence lawyer. The police will also inform him that if he does not have a lawyer, access to one will be provided to him. Once the accused has had a chance to talk to his lawyer, the police can then proceed with the interview.

After the above is completed, the police can either release the accused or keep him in custody for a formal bail hearing. A Justice of the Peace at the bail hearing shall determine whether the accused will be held further or released on bail based on the severity of the crime or crimes committed and other details.

Prompt Action Is A Must!

There are a lot of technicalities involved in this that can be best explained by an experienced criminal lawyer. You will want to ask about what is a surety, what are typical bail conditions, and ensure that you talk about bail variations.

Need a criminal lawyer’s help for someone who’ve been arrested and charged with a criminal offence? Contact Calvin Barry Law today! Calvin Barry is a Toronto Criminal Lawyer with decades of experience defending accused individuals and helping them get bailed.