The Aitken Robertson Advantage
There are many advantages in hiring Aitken Robertson to represent you. Primarily, you are not only hiring one experienced criminal lawyer, you are hiring an entire law firm focused on, and dedicated to fighting impaired driving charges. As the law of impaired driving is very technical a very specific subset of skills is required in fighting such charges, therefore, hiring a law firm of 5 lawyers committed to this area of law is critical. The defences are often exclusive to this area of law and hiring someone concerned particularly with impaired driving will ensure all of your options are considered.
Impaired driving charges may involve various laws including the Criminal Code, the Canadian Charter of Rights and Freedoms, the Highway Traffic Act, Federal Boating Regulations, and the Civil Remedies Act. The interaction between federal and provincial law is of utmost importance and could mean the difference between keeping your license, and never getting it back. For example, if you are convicted of Dangerous Driving the Judge is not obliged to take your license away. However, in certain circumstances the Ministry of Transportation will still suspend your license for life! As the consequences are extreme, it is crucial to retain the best representation possible. Paralegals are no longer allowed to represent those charged with impaired driving because of how complicated and technical these charges are. Our in-depth knowledge, expertise and experience ensure that you will be strongly represented.
Changing the Law
As impaired driving law is constantly evolving, it is important to be represented by a lawyer who is always updating their knowledge. The advantage to you is the assurance that every possibility is considered.
The Ministry of Transportation in Ontario has recently amended the regulations and reduced the consequences for impaired driving. At Aitken Robertson we are fully aware of all the changes and how they can be utilized to give you an advantage.
The federal government is attempting to eliminate your defence of suggesting the breath test instrument was not operated properly at the time the tests were completed, or further, that it was not working at all. We are fighting these changes to ensure your right to be presumed innocent is upheld.
As the courts are constantly changing the interpretation of law, the lawyers at Aitken Robertson are often responsible for doing the persuading. If it is not our team, we are closely following the developments made by other lawyers so that you have the best defence.
Representing You
Each case varies based on the individual facts and circumstances. For some clients it is imperative that they keep their license, others are primarily concerned with avoiding jail, many want to minimize insurance costs, and therefore there is no consistency in desired results. The important thing is that we cater our process to you. It is your goals that are most important and those goals that we will proceed with. We appreciate the stress involved with facing a criminal charge, and we will appear in court for you so you can avoid missing work or school. We minimize your court exposure so that you are required for the fewest number of appearances, and often this means only attending court once.
We are flexible with regards to office meetings and often schedule on weekends and after regular business hours. Our goal is that you continue to live your life and we fight the charges. We work closely with various experts, such as toxicologists, doctors, accident reconstructionists, private investigators and traffic professionals to ensure that all possibilities are explored, all defences pursued, and the best result is accomplished.
Our Lawyers Know How to Fight
We are impaired driving lawyers first. Each lawyer in the firm spends the vast majority of their time on impaired driving law: fighting it, making it and influencing it. Some of our lawyers, just like the police, are trained as Intoxilyzer Technicians, and know how to do alcohol/breath testing. Others are former or part-time Crown Attorneys resulting in insight to the other side's strategies. Each lawyer at Aitken Robertson brings an individual skill set, and together we provide a strong and vigorous defence.
Through experience we understand how the Crown and Court works and we use this knowledge to get you the best possible result.
The Crown Attorneys are lawyers, the Judge was a lawyer and you want the best lawyer fighting on your side. At Aitken Robertson we are a team of 5 dedicated lawyers. Let our 45 years of combined experience work for you!
Comments on the Federal Discussion Paper
Legislatively Expressing Purposes
Statutory provisions expressing the purposes of transport offence legislation is a difficult and technical area to begin to provide comment on. A defining and guiding section placed in Criminal Code could help guide the judiciary in their interpretation of the sections. However, this depends on an exacting set of guidelines which is, in and of itself, a nearly impossible proposition.
(Click to download the entire article - Comments on the Federal Discussion Paper)