Fighting an “Over 80” impaired driving charge in London involves challenging police procedures, the accuracy of the breathalyzer machine, and identifying Charter of Rights violations. A skilled local law firm will review your disclosure to find fatal legal errors, which can potentially lead to withdrawn charges or an acquittal.
Being pulled over by the London Police Service or the Middlesex OPP and subsequently charged with an “Over 80” offence is a terrifying experience. 📖 Many people mistakenly believe that if the breathalyzer machine printed out a number higher than 80 milligrams of alcohol per 100 millilitres of blood, they are automatically guilty and should simply plead guilty to get it over with. This is a massive misconception that leads to unnecessary criminal records.
An “Over 80” charge is highly technical, relying entirely on machines, strict police timelines, and complex constitutional law. An arrest is simply an accusation, not a conviction. Canadian courts demand that the police execute their duties flawlessly when gathering scientific evidence. By retaining a criminal defence law firm in London, you can challenge the evidence, expose procedural flaws, and mount a robust defence at the Ontario Court of Justice.
Step-by-Step Process in London, Ontario
Defending against an Over 80 charge is not about proving you were sober; it is about proving the Crown Attorney cannot legally prove you were over the limit beyond a reasonable doubt. 📍 The legal battle takes place at the courthouse on 80 Dundas Street.
Step 1: Demand and Review Full Disclosure
The foundation of any impaired driving defence is the disclosure package. This includes the officer’s handwritten notes, the police cruiser dashcam footage, body-worn camera video, and the exact printouts from the breath instrument (like the Intoxilyzer 8000C) used at the police station.
Your lawyer will meticulously review these records. 🔍 They will check the calibration logs of the breathalyzer. If the machine was not maintained according to the strict guidelines set by the Centre of Forensic Sciences, the breath readings can be completely thrown out by the judge, effectively destroying the Crown’s case.
Step 2: Identify Charter of Rights Violations
The Canadian Charter of Rights and Freedoms provides your strongest shield. For instance, Section 10(b) guarantees your right to speak with a lawyer without delay. If the London police forced you to provide a breath sample at the station before allowing you a private phone call with Duty Counsel or your own lawyer, your rights were violated.
Similarly, the police must demand a breath sample “as soon as practicable.” ⌚ If they left you sitting in the back of a police cruiser for an hour without a valid reason before testing you, this unreasonable delay can lead a judge to exclude the breath results entirely under Section 8 (unreasonable search and seizure).
Step 3: Negotiate at the Crown Pre-Trial (CPT)
Once your lawyer identifies these legal weaknesses, they will schedule a Crown Pre-Trial meeting with the London prosecutor. During this meeting, your defence team will lay out the flaws in the police investigation.
Faced with the risk of losing at trial, the Crown may agree to a plea bargain. 💼 A common successful outcome is having the criminal “Over 80” charge withdrawn in exchange for a guilty plea to a traffic ticket, such as “Careless Driving” under the Highway Traffic Act. This outcome saves you from a criminal record and a mandatory driving prohibition.
How Much Does it Cost in London?
Fighting a criminal charge requires specialized legal knowledge. 💰 While hiring a private law firm is an investment, it is often far less expensive than the long-term cost of skyrocketed insurance premiums and job loss resulting from a criminal conviction.
| Initial Lawyer Consultation | $0 – $300 CAD (Often free) |
| Lawyer Retainer (To Negotiate/Plead) | $3,500 – $6,000+ CAD |
| Lawyer Retainer (Full Trial) | $7,500 – $15,000+ CAD |
| Expert Toxicologist (If needed) | $2,000 – $5,000 CAD (To challenge machine accuracy) |
How Long Does the Process Take?
The criminal justice system in Ontario does not move quickly. ⌚ If you choose to fight your Over 80 charge through to a trial in London, you can expect the process to take anywhere from 9 to 18 months. During this waiting period, your lawyer may be able to help you manage your administrative licence suspension so you can continue working.
Frequently Asked Questions (FAQ)
What is the difference between “Impaired Driving” and “Over 80”?
“Impaired driving” is based on the police officer’s observations of your behaviour, such as slurred speech or swerving. “Over 80” is a purely scientific charge based entirely on the breathalyzer or blood test showing a Blood Alcohol Concentration above the legal limit. You are often charged with both simultaneously.
Will I go to jail for a first-time Over 80 offence?
Generally, no. For a first-time summary conviction with no accidents or injuries, the mandatory minimum penalty is a $1,000 fine and a 1-year driving prohibition. Jail time is usually reserved for repeat offenders or crashes causing bodily harm.
Can I just explain to the judge that I only had two beers?
No. In Canada, the “two-beer defence” (arguing that your actual consumption couldn’t possibly result in a reading over 80) was eliminated by Parliament years ago. The law assumes the machine is correct unless you prove it was malfunctioning or operated improperly.
Can I represent myself in court for a DUI?
You have the legal right to self-represent, but it is highly discouraged. Over 80 cases rely on highly complex constitutional arguments and scientific evidence regarding breath instruments. Without a law firm, your chances of winning are extremely low.
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