If you were pulled over by the police and charged with a driving offence (for example: Impaired; 80 mgs. or Over; 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, 80 mgs. or Over and other Driving Charges
As one of the Niagara Region’s most experienced and successful criminal defence lawyers, I’ve spent over 30 years defending drivers throughout the Niagara Region and the surrounding areas fighting charges such as:
- Impaired driving (alcohol and/or drugs)
- Blood-alcohol level 80 mgs. or Over
- 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 provable 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. It is critical that we first obtain the evidence the prosecution will use against you at your trial (this is your constitutional right to disclosure) and we will decide if the police videos (breath room, drug room, cell and booking videos etc.) can establish, beyond a reasonable doubt, that you were legally and in fact “impaired”. 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.
My Goal: Protecting the Client on Sentencing.
If a conviction is unavoidable (and the client gives informed instructions to enter a plea of guilty) it’s my job to protect the client by way of conducting “plea resolution” negotiations to ensure the best possible sentencing result. Police and/or prosecutors all too often “load up” charges against citizens, that is, they over charge an accused in order to obtain legal and/or practical advantages over the accused. Many of these charges cannot be proven in court and it is the lawyer’s duty to the client, assuming one or more charges are provable in court, to obtain the best possible “plea resolution” for the client. That is to say, to have many of the more serious charges withdrawn and to have the client make an informed plea to the least serious charge (or to a substitute lesser charge etc.) with a view to obtaining the best possible sentence for the client. Often the lawyer’s most important service is the result when the client is sentenced. A knowledgeable and committed lawyer who brings his successful fighting reputation to the negotiating table can make all the difference for the client.
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/80 mgs. and Over 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 905-357-5554 or email me through my online form to arrange a consultation.