Nous partageons ici un article en anglais de l’excellent blogue de Brett McGarry concernant la question à savoir si on doit plaider coupable ou non en matière d’alcool au volant.
Do not “just plead guilty” to impaired driving charges
Most people charged with drinking and driving offences believe that it is very unlikely that they can win their case. That is often not the case. Here are several good reasons you should retain an experienced criminal lawyer in Ottawa before deciding whether to plead guilty:
1. You are pleading guilty blind if you do not have a knowledgeable criminal defence lawyer review the strength of the prosecution’s case. The prosecution often has serious problems with its case. These issues will not be obvious to you. For example, the prosecution will not tell you if:
• Your Charter rights were violated and the evidence against can be kicked out at your trial.
•Your breath testing was not done properly by the police.
• The police did not serve you with the required documents.
• The breath testing machine was improperly calibrated or maintained.
• The police cannot locate key witnesses or evidence has been lost.
• Evidence of the actual amount of alcohol you drank may rebut the machine’s breath readings.
2. It is often less expensive to fight an impaired driving or Over 80 charge than to plead guilty. The high insurance premiums and fines which accompany a conviction will greatly exceed the cost of a trial.
3. Hiring a good impaired driving lawyer to analyze your case allows you to make an informed choice about whether you want a trial or not.
4. Your lawyer may be able to negotiate reduced penalties even if you decide to plead guilty.
Ottawa Criminal Lawyer
If you are charged with drinking and driving in Ottawa, contact Brett McGarry to discuss the best strategy for your case.
