Defending Impaired Driving And Other Traffic Offence Charges

If you were pulled over by the police and charged with a driving offence (for example: Impaired; Over 80 mgs.; Refusal; Dangerous Driving; Criminal Negligence; Careless Driving, etc.), the consequences of a conviction are significant and will impact you for life: criminal record and being labelled a criminal; possible jail; loss of licence and possible loss of ability to earn a living; enormous increase in insurance premiums; substantial fines; possible denial of entry to the U.S.; and the added cost and effort to take the necessary steps to get your licence back (for example: you will need to get into an alcohol rehabilitation program; enter the ignition interlock program, etc.)

The questions become: Are the charges defendable? Can I win? What are my chances? In almost all cases you should first consult with me. Give me the opportunity to get your detailed account (as soon as possible while events are fresh in your mind) of what happened from your defence lawyer's perspective, then exercise your constitutionally protected right to get full disclosure (that is all police evidence to be used against you) and let me study and go over the disclosure with you - then and only then - should you be in a position to make an informed decision as to what to do. Remember, in driving offence charges you have much to lose and once you plead guilty that is it! Once you plead guilty you are a convicted drunk driver and your future has significantly changed for the worse. These driving charges have become very technical because the defence lawyer strives to secure a not guilty result via his knowledge and use of the Charter of Rights and Freedoms, the substantive elements of the law, your procedural rights, and much, much more. Often, a contested trial will turn on my ability to effectively cross-examine the police (and other witnesses) to undermine their evidence or, at least raise a reasonable doubt, without the client having to give evidence in court.

My name is Joseph LoConte and my job as your defence lawyer is to help you win your case or obtain the best outcome possible.

Defending You Against Impaired, Over 80 and other Driving Charges

As one of the region's longest practising criminal defence lawyers, I've spent over 30 years defending drivers throughout the Niagara Region and the surrounding areas fight charges such as:

  • Impaired driving (alcohol and/or drugs)
  • Blood-alcohol level over 80
  • Criminal negligence causing death/bodily harm
  • Dangerous driving causing death/bodily harm, careless driving and racing
  • Drive disqualified, flight from police
  • Driving with suspended licence
  • Failing to report a collision or remain at the scene
  • Other offences of the Highway Traffic Act

Know Your Chances. Protect Your Rights. Defend Yourself.

Many clients are going through the criminal justice system for the first time. Most of them don't know how to proceed. Few are aware if their constitutional rights were violated by the authorities. Fewer are aware that police constitutional violation(s) may lead to a not guilty verdict. Most are not aware whether or not the charge(s) are legally proveable beyond a reasonable doubt in court. When you turn to me for help, I will protect your right to fair treatment under the law with the goal of winning your case.

In driving cases most are defended on constitutional grounds i.e. an illegal stop, an illegal search and seizure of a person's breath, the failure to give a person's right to counsel and/or assist in accessing counsel, etc. What may appear to the average citizen to be an unwinnable case can, because of police constitutional violations etc. turn into a defendable/winnable case. When you turn to me for help, I will carefully study the case against you and give you an opinion as to whether the case is defendable/winnable. I will ensure that you are treated fairly and with respect throughout the prosecution against you. I can analyze the police case against you and be in a position to advise you as to what your chances are. If your chances are low, you will be so advised and you will decide as to the next step. But if I detect a possible defence (a path to winning) and if you so decide to defend yourself, then I will put all my legal knowledge and experience to work vigorously to defend you.

Get A FREE Phone Consultation

If you have been charged with a driving offence(s) your next most important decision is chosing your defence lawyer. Ask yourself has he "won" many of these contested Impaired/Over 80 mgs. trials? Is he experienced? Is he knowledgeable ? Is he committed to fully and vigorously defending me? You need to make the right decision to get the right lawyer. Call me for a FREE initial phone consultation at 289-271-9740 or email me through my online form to arrange a consultation.