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Other Legal Defence Strategies In addition to the common defence strategies, there are often other legal strategies that can be used to get an acquittal. These legal strategies include, but not limited to the following:
Documentation Did the Police provide you with the proper documentation? Was it complete within the requirements of the law? Was there a Certificate of Breath Technician provided to you? Is any of this paperwork inadmissible in court for any reason?
Breath Sample Analyzer When was the machine last calibrated? Was it in proper working order? Did the police have "reasonable suspicion" to request a breath sample? How much time past from the time the officer stopped you and the time that you provided the breath sample? Was the individual who administered the test properly certified to do so?
Technical Defences and Charter based Challenges to the Evidence How much time has past since you were charged? Are you receiving their "day in court" in the timely fashion, as required by law? Was there an abuse of process? Did the officer have "reasonable and probable grounds" for stopping and arresting you? Was there an unreasonable search and seizure of the yourself and/or your vehicle? Did the officer allow counsel of choice? People often confuse "technicalities" with loop-holes in the law. However, nothing could be further from the truth. These "technicalitites" are hallmarks of a well functioning democratic society. Our Charter of Rights and Freedoms provides a rich backdrop against which we can assess police conduct in dealing with the everyday citizen. It is important to ensure that the rights of an accused are fully protected. Often the police intentionally or unintentionally may unlawfully interfer with the rights of an individual. These violations can, if properly argued, result in exclusion of incriminating evidence which will contribute to a person be found not guilty of the offence or offences.
General Defences
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