Defence lawyers Richard Aitken and D. Edwin Boeve, of Aitken Robertson, are two of only a few Ontario lawyers who are also Qualified Breath Technicians. Qualified Breath Techs analyze breath samples using an approved instrument, such as the Intoxilyzer 5000C which is commonly used on Ontario. To establish whether a motorist should be charged with having a blood alcohol concentration over the legal limit, the breath technician will test at least two breath samples.
"Our training on the Intoxilyzer 5000C, give us a unique advantage when legally assisting our clients for over 80 or excess blood alcohol charges. Our training gives us an insider's knowledge into the workings of breathalyzer instruments used by police. We know the device's short comings and possible problems that may occur in its use. A drinking and driving case can be overturned by proving that the breath test was improperly administered or that there was a problem or discrepancy with the results obtained from the device," states Richard Aitken.
In Canada, the number of accused drunk drivers that go to court to fight impaired driving charges and win is on the rise, according to a recent study by Ottawa's Traffic Injury Research Foundation. However, changes to the Criminal Code last year have made it more difficult for lawyers to defend drinking and driving charges. In order to use the argument that a client's breathalyzer test is false and the results invalid, the law now requires that the defence must prove that there was a mistake made, such as the device not working properly or operator error. A legal team with expert knowledge of breathalyzers and how they work is in a much better position to fight an impaired driving charge. "To successfully fight a case it is important to have a thorough understanding of the law. By understanding the relevant science as well, the chances of obtaining a success outcome are greatly improved," adds Aitken.
The province of Ontario has some of the toughest drinking and driving laws in North America. Each year, approximately 35,000 Ontario drivers have their licenses suspended as a result of Criminal Code convictions. Impaired driving offences account for roughly three quarters of these convictions. Due to the very severe penalties imposed on those convicted of impaired driving charges, it is predicted that more accused drivers will decide to fight the charges in court.
Contact Information:
Richard Aitken
Aitken Robertson, Barristers & Solicitors
263 Charlotte Street
Peterborough ON K9J 7Y4
Toll Free 1-800-668-1657
705 742-0440
http://www.fightthecharges.com
freeconsult@callalawyer.ca
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About Aitken Robertson, Barristers & Solicitors: With a total of 45 years of combined legal experience, the Ontario law firm of Aitken Robertson, Barristers & Solicitors specializes in the criminal defence of drinking and driving cases and all DUI offenses. Aitken Robertson uses a unique team approach, offering clients individual attention, aggressive representation and a vigorous defence to achieve the best possible outcome. Practicing in Toronto, Peterborough, Oshawa, Lindsay, Coburg and Kingston, Aitken Robertson offers free initial consultation and reasonable payment plans. For more information call 1-800-668-1657 or visit their website http://www.fightthecharges.com.
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