How I Can Help Another
Impaired Driving Lawyer
I often receive enquiries from members of the public who already have a lawyer. My own personal code of conduct and the Law Society Rules require that I show the utmost respect for my colleagues at the Bar. If you already have a lawyer your primary method of getting answers to your technical questions should be to telephone your own impaired driving lawyer and book a face-to-face appointment. Ask polite direct questions.
Sometimes experienced lawyers need help from a lawyer who has more experience than they have in a particular technical area, such as breath tech operator error or Intoxilyzer malfunction. I teach other lawyers about these subjects in continuing education programmes.
If your Canadian impaired driving lawyer needs help with a technical question concerning breath alcohol concentration, mouth alcohol, interferents, radio frequency interference, approved instruments, approved screening devices, maintenance, or repair, I would be happy to act as "counsel" to assist your lawyer. If I can't answer his or her question I have a number of experts on call in Canada and the United States. I also have my own breath instruments.
To do this properly (only with the knowledge of your own lawyer) your lawyer needs to contact me to complete an agreement whereby your lawyer and I, with your consent, agree:
1. that anything you or your lawyer tells me must remain confidential
2. that your existing lawyer is still your lawyer; I'm not your lawyer; I'm just helping your lawyer as "counsel".
3. that your lawyer will not subpoena me as an expert witness. I am not a scientist.
4. that should you terminate the services of your lawyer, I will not act for you, and
5. that I will not act as your lawyer in the future respecting any other charges.
That way no one can ever suggest that my relationship with you in helping your existing lawyer is influencing you to use my services in the future, instead of your own lawyer. You and your lawyer can feel comfortable in seeking my help.
The second step, after we all agree to the retainer, is to arrange a review of your disclosure and your breath room video or DVD. I usually spend about 1.0 to 3.5 hours reviewing the materials and reporting to your lawyer by phone or Skype. Please budget about $500 to $1000 plus disbursements at a rate of $300 plus HST per hour for my work as "counsel" for your lawyer. Sometimes I also assist other lawyers in preparing for trial.
These days lawyers need full disclosure of breath room videos as well as full maintenance and calibration records on the "approved instrument", "simulator", "standard alcohol solution", and "approved screening device", if we are to make full answer and defence. Your lawyer may wish my assistance in reviewing this "disclosure" to see if there is any scientific explanation for the difference between the Intoxilyzer breath readings and your true blood alcohol concentration, based on your recollection of what you drank. If your lawyer needs help in calculating a rough estimate of your blood alcohol concentration, I would be happy to assist.
Impaired driving trial lawyers may wish to retain me on an hourly or daily basis to assist with preparation for cross-examination of breath techs or Crown experts as well as assistance during the course of the trial.
Your lawyer can Courier to :
Stephen R. Biss, Barrister & Solicitor
I hope that you are able to find good information at this this web site. You'll find a great deal of information if you look carefully. Print out the checklists and worksheets. I have an online database of impaired driving and Charter of Rights case law information at www.casebriefs.net. The links at the top of this and other pages will guide you to FStats (Federal Statutes) and new Bills in Parliament at the Canadian Government database and PStats (Provincial Statutes) at the Ontario Government web site. CLA is the web site I originally built for the Criminal Lawyers Association of Ontario. DUI USA is the International Referral Database that I built to link together the combined resources of my American drunk driving law colleagues. The sidebar listing provinces and states includes databases of interstate/interprovincial legislation, courthouse addresses, facilities, maps and directions, local BAC instruments, and motor vehicle licence suspension offices. You'll also find technical discussions on breath testing instruments, lists of toxicologists, and resources related to the new Youth Criminal Justice Act. The Resources and Info sidebar will take you to Canada's Courts of Appeal.
If you call me stay on the line while my answering system tries to reach me personally wherever I am.
905-273-3322 (in the 416 or 905 Greater Toronto Area)
1-877-273-3322 (Toll-Free - from anywhere in Southern Ontario)
Stephen R. Biss, Barrister & Solicitor
470 Hensall Circle, Suite 303
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.