Refusing a Breathalyzer: Impaired Driving Lawyers, Edmonton

Learn what will happen after you've refused a breathalyzer test from some of the most experienced impaired driving lawyers Edmonton offers.

Breath testing can take one of two forms: roadside testing and evidentiary testing.

Roadside testing is used by the police when there are insufficient signs or indicia of impairment in the ability to drive to warrant an arrest. The driver is NOT entitled to speak with a lawyer at this stage. If the driver provides a sample of breath, it will analyze as either a ‘Pass’, which has no consequences, a ‘Warn’, which has no criminal consequences but consequences under provincial legislation, or a ‘Fail’, which allows the police to continue their investigation and obtain further breath samples at the police station after the driver has had a chance to call a lawyer. These further breath samples are designed to determine the blood alcohol concentration (BAC) or blood alcohol level of suspected drunk drivers.

A failure or refusal to blow at the roadside, or at the police station, is a criminal offence and has the same consequences as a failed breath test or being provably impaired. If a demand is made for you to give a sample of your breath, COMPLY.

If you refuse a breath test, in additional to the refusal charge, you could still be charged with driving under the influence (DUI) or while impaired. If this happens, you will need the assistance of an experienced DUI lawyer. Experienced lawyers are the only ones who can unravel the complicated nature of such a case. Furthermore, there are some facts about refusing a breathalyzer screening that you should know.

Penalties for Refusing Roadside Testing or Evidentiary Testing

Once again, if you fail to comply with breath testing, you will be charged with a criminal offence and subject to the same penalties as DUI. These penalties can include:

• A permanent criminal record
• Fines of at least $2,000
• License suspension of at least one year
• Conditional probation
• Enrollment in a program for license reinstatement
• Possible jail time of at least 30 days on a second offence and at least four months on a third or higher offence
• High risk insurance rates for a three to five-year period
• Permanent license revocation in extreme cases involving multiple related prior convictions

The type and severity of your penalties will depend on your past record and the experience of your lawyer. Thus, the more DUI offences you’ve committed and the less experienced your lawyer, the worse the penalty. Of course, one of the best impaired driving lawyers Edmonton has to offer, like those at our firm, will fight to ensure you receive the lowest sentence possible.

How an Experienced DUI Lawyer Can Help

No matter the crime you’re accused of, your rights as a resident of Canada are always protected. And these rights are best defended by an experienced lawyer. An experienced impaired driving lawyer will be well-versed on DUI laws and court proceedings and be the most capable of providing a prompt, organized, and thorough defence. He/she will know how to approach your case and find difficulties with the police investigation that could result in an acquittal or the charges being withdrawn. Also, lawyers at Haryett & Company may even be able to establish that your refusal was warranted in the circumstances.

They will also ensure that you’re treated fairly by law enforcement, including investigating if proper procedures were followed during the investigation. If any violations are found, the DUI and/or refusal charges may be withdrawn or reduced. Although these sorts of cases can be complicated, they’re more likely to have favorable outcomes with an experienced defence team at the helm. A team like Haryett & Company will leave no stone unturned and, where possible, will work to establish that your refusal was backed by sufficient reason.
Have you received an impaired driving charge? Contact our office today: (780) 426-5317.

Protect Your Rights Following a Domestic Assault Charge

Assault involves physical attacks or hitting, physical threats of harm, unwanted physical contact, and physical contact of any sort without consent. Domestic assault involves committing a violent act against a, current or former spouse or sexual partner, or a family member., A violent act that isn’t committed in self-defence or defence of property can have serious consequences. If you’re accused of committing a violent act such as domestic assault, an experienced assault lawyer can help defend your rights and get your case settled favorably. There are, however, some facts you should know about domestic assault, including how an experienced defence lawyer can help you.

Domestic Assault Charges Can Carry Severe Consequences

Domestic assault is a serious offence that carries severe penalties in some cases. Here are some basic guidelines for penalties in domestic assault convictions:

·         A conditional sentence or house arrest

·         A custodial sentence

·         Fines

·         Travel limitations

·         A permanent criminal record

·         Restrictive probation conditions

·         long term ‘no contact order’ with the victim

The type and severity of penalties rendered against a convicted individual depends on how the Crown proceeds. The Crown may proceed ‘Summarily’ or ‘By Way of Indictment’, which is determined by the severity of the action and any prior similar offences. Furthermore, criminal proceedings against an individual accused of assault are may proceed even if the victim (or complainant) wants to drop the charges. The Crown may proceed with your case even if the matter is settled between you and your spouse, family member, roommate, etc. Therefore, depending on how the Crown proceeds, you may be subject to certain penalties.

Penalties for Domestic Assault

Once again, the possible penalties you may face in your domestic assault case will depend on how the Crown proceeds. Although the proceedings are different, the types of penalties for proceeding ‘Summarily’ or ‘By Way of Indictment’ are the same. The definitions for these types of proceedings and convictions; however, are different. In fact, they each have three distinctive characteristics. For example, summary proceedings and convictions 2) encompass the most minor offences in the Canadian Criminal Code, and 3) usually only carry penalties of six months of jail time, $5,000 in fines, or both. On the other hand, proceedings by indictment 1) are more serious than summary offenses and involve harsher penalties, 2) involve the prosecution of accused individuals with a possible trial by jury, and 3) include penalties that range from a minimum sentence of absolute discharge to a maximum five-year custodial sentence. The possible conviction and penalties you face will depend on your lawyer’s experience. If you choose any experienced assault lawyer Edmonton offers from Haryett & Company, you can rest assured that we will fight so that you receive the best possible sentence. Our expertise and dedication to our clients maximize a favorable outcome.

How an Experienced Lawyer Can Help

An experienced domestic assault lawyer can be there to make sure your rights are defended in court and. He/she will ensure relevant evidence is collected, proper witnesses are interviewed and presented, and pertinent motions, documents, etc. are filed. Additionally, he/she will help to clear you of any false accusations and help protect you against  law enforcement intimidation. Most importantly, he/she will have knowledge of assault laws and court procedures. This knowledge will help ensure you receive a fair trial and a lesser sentence. Lesser sentences could come in several forms, including:

·         A conditional discharge without a criminal record

·         A monetary fine

·         An intermittent sentence, time served during weekends

·         Conditional sentence with community service

·         A suspended sentence with probation

In some cases, a peace bond agreement may be available. Lighter, first time offences can be eligible for a peace bond, which is an agreement between the defendant and Her Majesty to keep the peace and be of good behaviour. Upon entry into such an agreement, the Crown will withdraw the criminal charges, absolve the accused of any guilt, and set forth certain conditions, such as doing no harm or having no contact with the complainant for the duration of bond (typically 6 to 12 months). At the prosecutor’s discretion, a domestic assault case can be settled with a peace bond.

If you've been charged with domestic assault, contact us right away. We will work to ensure your rights are protected!

Why You Need a Proven and Experienced Drug Defense Lawyer

Facing criminal drug charges can be distressing, but having the support of a good legal team can improve the outcome of your situation. An experienced drug defence lawyer brings legal expertise, will take care of all the paperwork, pleading, and trial details while navigating around legal obstacles. An experienced lawyer at the helm will provide you with an understanding of your jeopardy and peace of mind, while working to minimize the consequences of your actions.

When faced with drug charges, these are some of the many reasons you should only hire an experienced drug lawyer:

Provide Expert Knowledge of Drug Laws

Generally, experienced drug defence lawyers are experts on drug-related laws. This includes knowing what penalty accompanies each type of drug offense. Expert knowledge of drug offenses and their penalties could help ensure you’re given a fair trial and sentence. Whether the charge is minor or major, the penalty will match. In some cases, the sentence may be better than expected, as legal expertise can improve the likelihood of a more lenient penalty. It doesn’t matter if you’re facing a fine or jail. Your lawyer will also have knowledge of the prosecutors and judges that may try your case. Just remember, the more knowledge your lawyer has, the stronger your defence will be.

Mitigate Risks by Acting Immediately

It is important to get a lawyer involved as quickly as possible after you have been charged. After being hired, an experienced drug lawyer will take charge of your case. A proven lawyer knows that the sooner you act, the better your chances of winning. In some instances, moving at a snail’s pace gives the prosecution time to strengthen their case. In other circumstances, a lawyer that acts promptly, can mitigate risk. Initial, quick action from your defence team is also an indicator of how they might handle future obstacles. Handling obstacles promptly at any point in the legal process can also help mitigate risks and increase your chances of winning or receiving a more lenient sentence.

Perform Damage Control

Damage control goes along with mitigating risks. Without a lawyer, you’re constantly at risk of causing damage. Intimidation from law enforcement can make you say the wrong thing or even provide false information. Experienced counsel will prohibit such intimidation, prevent leading questions, or advise you on how to answer questions. They will also stop you from making uninformed, coerced, or impulsive decisions, as every decision must go through your counsel. Making the right decisions will ensure your case is stable and stays on equal ground with the prosecution. Furthermore, your lawyer can prevent you from incurring additional false charges.

Delegate Tasks to a Legal Defence Team

To provide the best representation and build your case, your lawyer will bring a legal defence team. Pertinent tasks are delegated to this team, including:

·         Finding key witnesses

·         Gathering relevant evidence

·         Preparing certain court documents

·         Cross-examining witnesses

·         Finding expert witnesses

This team will also ensure regular and expert witnesses are prepared to provide testimony that will strengthen your case or undermine the prosecution’s case. Additionally, an experienced defence lawyer and team will design a unique strategy to fit your drug charge. A strong, unique strategy could include preparing you for trial, conducting an independent investigation, and making settlements or negotiations before trial.

When you've been charged with a drug-related offence, don't delay! Hire an experienced drug lawyer. Edmonton men and women turn to Haryett & Company for their legal expertise and commitment to effectively defending their clients. Call now for more information.

The Importance of Hiring a Proven DUI Lawyer

Intoxicated drivers can be a danger to themselves and anyone else on the road. And driving while intoxicated often comes with serious consequences. For many, one of the most serious consequences is being arrested and charged with Driving Under the Influence (DUI). If you’re charged with a DUI, whether by alcohol or drug, your license will be suspended or revoked, you could be subject to a criminal record, large fines, possible jail time, and a significant and long-term increase in insurance premiums. Seeking the help of an experienced lawyer, however, can help reduce the seriousness of a DUI charge. Here's how:

The Best Personal Representation

To save time and money, some people simply hand their cases over to a legal aid lawyer or the first lawyer they find. To secure the best legal representation possible, however, you should only look for DUI lawyers with proven track records. And, while it may seem okay to simply hire a lawyer who specializes in DUI cases, it could be a mistake to choose a law firm without a high success rate. Similarly, while a legal aid lawyer may have experience with many DUI cases, they may not have a high win rate or expertise in this area. Furthermore, legal aid lawyers are often stretched thin from being assigned too many cases at once, and this makes these types of lawyers unable to provide personalized representation. For experience, success, and quality representation, contact Haryett & Company.

Offer Specialized Knowledge

DUI lawyers with significant experience and successful cases offer extensive knowledge of DUI laws and have an understanding of the effects of alcohol or drug consumption on the human physiology and the way alcohol or drug testing instruments work, their reliability and their shortcomings. This knowledge can be applied to your case and used to educate you on this legal process. An experienced lawyer can also explain how the judge will view your case and apply the admissible evidence to the law. Plus, legal expertise can save time and money, as your lawyer won’t need to learn the nuances of the process related to DUI cases. Mistakes and unnecessary court appearances can also be avoided during the legal process. Furthermore, considerable legal knowledge can help ensure you’re properly prepared for each court appearance and more.

Returns Your Life to Normal, Faster

A DUI charge can upend a normal life, causing legal, personal, career, financial, and (in some cases) emotional challenges. Facing serious legal consequences can be stressful and frightening, whether it’s potentially losing your license, paying a fine, or (especially) going to jail. But, fortunately, a proven DUI lawyer has the knowledge and the expertise to help put your life back on track quickly. They’ll put your legal defence together properly and efficiently. An experienced defence lawyer will provide a strategy to maximize the likelihood of success at trial.

When they need a proven DUI lawyer in Edmonton, men and women call Haryett & Company. We'll provide the experience and personalized representation you need to receive the best possible outcome.