Stephen R. Biss, B.A., LL.B., Barrister & Solicitor

 

Stephen R. Biss, Impaired Driving Lawyer in Mississauga, Ontario

 

Mississauga Lawyer Stephen R. Biss Defends Drunk Driving Charges in Brampton Courts Drunk driving charges prosecuted in Brampton courts include the offences of impaired driving, impaired care or control, over 80 driving, over 80 care or control, refusal to provide an approved screening device sample, and refusal to provide an approved instrument sample. Persons charged with any of these offences in Mississauga will have to attend Court in Brampton at the A. Grenville and William Davis Courthouse.

Mississauga Lawyer Stephen R. Biss Defends Impaired Driving in Brampton Courts Impaired driving is proven by the Crown establishing through the observations of the police officer and other witnesses or video that the accused's ability to operate a motor vehicle was impaired by alcohol and/or a drug to the slightest degree. That slight impairment test was established in the decision R. v. Stellato many years ago. Police officers look for indicia of impairment such as bad or unusual driving, lack of response when the officer appears at the window, lack of awareness as to geographical location, slow, slurred, or deliberate speech, confusion, difficulty finding or fumbling with driver's licence and insurance papers, leaning on the car for support, stumbling, falling over, red eyes, glassy eyes, odour on breath, difficulty walking straight, difficulty bending over or turning.

Mississauga Lawyer Stephen R. Biss Defends DUI in Brampton Courts In Canada we don't call the offence DUI, DWI, OUI, or OWI. Drunk drivers in Canada are charged with impaired driving or over 80. The over 80 or excess blood alcohol offence is established usually by the analysis of a breath sample using an approved instrument. A police officer on proper reasonable and probable grounds makes a demand that the individual accompany the police officer to a location where a qualified technician (the breath tech) takes at least two samples using an approved instrument such as the Intoxilyzer 5000C. The two results of analysis are truncated (eg. 187 mg/100mLs becomes 180 mg/100mLs) for purposes of reporting in the Certificate of Qualified Technician in accordance with the protocol established by the Alcohol Test Committee..

Do I Choose a DUI Paralegal or a DUI Attorney? Do I Choose someone who is not a lawyer or do I choose someone who is a lawyer? Lawyers have years of training in law school plus years of experience as students and lawyers in doing legal research that prepares them  to convince a Judge as to the construction and application of very complex drinking and driving laws. Most of those laws are contained in the thousands of impaired driving cases that have already been litigated before local Courts, the Ontario Court of Appeal, the other Courts of Appeal in Canada, and the Supreme Court of Canada. A lawyer's cross-examination of police evidence and presentation of defence evidence is done in the context of those thousands of reported and unreported cases. A former police officer may have experience waiting around in Court or giving evidence as a witness but simply is not equipped to work with legal arguments. Ontario's new paralegal legislation may alleviate some of the major problems with unqualified persons acting as so-called Court Agents, but the legislation is brand new and has not yet deterred some individuals from continuing to advertise contingency fees which are now prohibited for licensed paralegals as with lawyers.

Some approved screening devices and approved instruments available in the United States and Europe may be very well-manufactured machines but unfortunately Ontario's machines are antique by North American standards. Ontario still uses a 64, 66 series version of the Intoxilyzer 5000 which has been discontinued for many years in the United States. Spare parts are hard to get. Officers of Durham Regional Police, Peel Regional Police, and Halton Regional Police have been known to disassemble and repair their own machines rather than send the instrument for servicing by the factory authorized service centre. 

Stephen R. Biss is a Barrister & Solicitor who practises criminal law, including impaired driving law and spousal assault offences. His office is located at 470 Hensall Circle, Mississauga, Ontario near the intersections of Cawthra Road and Dundas Street in Mississauga, Ontario. This Mississauga criminal law lawyer has experience as a defence lawyer since 1979 and by order-in-council as a part-time assistant Crown Attorney since 1981. Stephen Biss was certified as an Intoxilyzer Breath Alcohol Technician by the solely authorized Canadian Intoxilyzer Training Agent in 2004.  

 

 

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