905-273-3322 or 1-877-273-3322


Ask a DUI Lawyer

Can I Fight My Drunk Driving Charge?

See also: Can I fight My Criminal Charge?

Impaired Driving Lawyer- What Are My Chances?

The following are issues which should be considered by anyone charged with a drunk driving offence in Canada. Speak to your lawyer and ask him or her about these issues.  Lawyers and Judges are invited to use and add to our Case Briefs database of impaired driving law at www.casebriefs.net. Technical discussion questions are proposed at The Naked Intoxilyzer 5000C site and the www.impaired-driving.com Blog .

Defence of drunk driving charges requires that the lawyer and potential client meet in person for a detailed preliminary consultation for at least one-hour to discuss the client's recollection of exactly what he or she ate and drank, what the police saw, did, and said, what opportunity to speak to counsel was given at the station, the breath instrument operator's procedure, and the printouts from the breath instrument. The potential client should obtain a paid legal opinion of the merits of any defence before getting an estimate or hiring the lawyer. Sometimes the lawyer will recommend that you obtain primary disclosure of the police notes and breath room video (if any) prior to the lawyer providing a detailed opinion on the merits of a defence and giving you an estimate of the cost.

Sometimes a client and their existing lawyer will ask Stephen Biss to consult and conduct a detailed review of the disclosure and breath room video to identify hidden issues that can be successfully litigated. I do this quite often for colleagues who have taken my continuing education programmes on DUI defence and analysis of disclosure. I can only perform this service if the request comes from the lawyer, not the client. I do not ever want to interfere with an individual's relationship with their own lawyer. 






Copyright 2018 Stephen Biss



Stephen R. Biss, Barrister & Solicitor

470 Hensall Circle, Suite 303
Mississauga, Ontario
L5A 3V4

905-273-3322  or 1-877-273-3322


Advertisement. Any legal opinions expressed at this site relate to the Province of Ontario, Canada only. If you reside or carry on business in any other jurisdiction please consult a lawyer, solicitor, or attorney in your own jurisdiction. WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The author disclaims any and all liability resulting from reliance upon such information. You are strongly encouraged to seek and retain professional legal advice before relying upon any of the information contained herein.