May 08
Lockyer Zaduk Zeeh represents individuals charged with all driving offences, such as over 80, refusal, impaired operation, etc. Throughout our years of practicing, we have developed an expertise in properly representing people charged with driving offences to help individuals avoid criminal records and driving suspensions. We are regularly representing people charged across all cities in Ontario such as Mississauga, Brampton, Malton, Milton, Halton Hills, Georgetown, and Guelph.
Please call Lockyer Zaduk Zeeh to schedule a consultation with one of our experienced lawyers by calling 416-613-0416 or by e-mailing info@lzzdefence.ca.
How Do the Police Prove I was Impaired?
The police may use various methods to prove that a person is impaired, which includes observing you and your behaviour. Here are some common methods used by police to prove impairment:
- Standard Field Sobriety Tests (SFST): These are physical and cognitive tests that police officers use to evaluate a person’s level of impairment. Examples of tests include the Walk-and-Turn test, the One-Leg-Stand test, and the Horizontal Gaze Nystagmus test. SFST are designed to assess a perso’’s balance, coordination, and ability to follow instructions, which can be affected by alcohol or drugs.
- Breathalyzer Test: This is a device that measures a person’s Blood Alcohol Concentration (BAC) by analyzing their breath. The test works by measuring the amount of alcohol in the person’s breath and estimating the BAC based on that measurement.
- Blood Test: This is a medical test that analyzes a person’s blood to determine their BAC or the presence of drugs in their system. Blood tests are more accurate than breathalyzer tests, but they are more invasive and require a trained medical professional to administer.
- Drug Recognition Evaluation (DRE): This is a specialized evaluation conducted by a police officer trained in drug recognition. The DRE involves a series of physical and cognitive tests to determine whether a person is impaired by drugs and, if so, what type of drug is causing the impairment.
To prove impairment, the police will typically gather evidence from these and other methods and present it in court. The burden of proof is on the prosecution, which must prove beyond a reasonable doubt that the defendant was impaired at the time of the alleged offense.
