DUI (Driving Under the Influence), Drunk Driving, or Impaired Driving
DUI (Driving Under the Influence), Drunk Driving, or Impaired Driving
A DUI charge often arises by drinking alcohol and driving, or using intoxicating substances such as marihuana before, during, or even after operating a vehicle.
- A “vehicle” or “conveyance” can be a motor vehicle, a dirt bike, an ATV, a boat, a seadoo, an e-bike, a snowmobile, a train, or a plane. Moreover, one can be charged with impaired driving or DUI, even if they are simply operating a paddleboat or canoe.
- In DUI cases, the term “care and control” often arises. What this means is that in a DUI case, the Crown must prove that the accused had care and control of the conveyance or vehicle in question. For example, even if you are standing outside of the car, and the car is not in motion, but you had the ability to put the vehicle into motion, you could still be convicted if the Court also finds that you were impaired. In DUI cases, BEWARE; you do not actually have to be driving upon arrest to be convicted.
If a person has operated a vehicle within 2 hours and is found to have 80mg of alcohol per 100ml of blood they can be charged and found guilty of this offence. This is a separate offence from DUI or impaired driving.
Refusal to provide testing samples by word or by act, or pretending to perform in an attempt to deceive, can give rise to a conviction for this offence. The penalties in some cases are even harsher than if you complied with the Officer’s demand.
Fines, driver’s license suspensions, conditions on one’s driver’s license such as an ignition interlock, or even jail time, are all possible consequences for this offence. Factors that affect the sentence are repeat convictions for this offence, whereby a mandatory minimum sentence of 30 days jail may apply, one’s level of intoxication, whether there was damage to a person or property, etc.
DUI cases can often be won by persuading the Court that either the client’s arrest, or the way breath samples, or drug evidence were obtained, was illegal as well. If this can be properly highlighted to a Court, often, the underlying evidence that the Prosecution would rely upon in a drinking and driving or DUI case is ‘thrown out’. At East Law, we have successfully defended hundreds of DUI cases. If such arguments do not arise, we have also obtained many successful resolutions whereby the penalty is as low as possible. We understand that most people MUST drive in order to maintain their livelihood. We understand how important one’s license truly is and will do everything we can to protect it.
- Amy Komocsi
John East was the best decision I've ever made. He was always responsive and honest, kept us informed at all stages, and was very supportive of my teenage son (who unfortunately made a bad decision). John worked hard to research and bring forth good arguments for our case. I feel like he gave 100%. We had a favourable outcome. I... Read more
- John Dough
Mr East is professional and caring He sees people innocent until proven guilty not guilty until proven innocent I highly recommend him to anyone and everyone in need of a criminal matter Mr East had gotten me accuited of all charges and I'm very thankful I can move forward with my life Mr East is an amazing lawyer and deserves... Read more
- Blake (Balak)
John East is a legend and a life savior!With his compassion and Hard work behind each case, he truly stops at nothing to make sure you are ultimately satisfied with your outcome. He has went above and beyond for my case and I am so grateful to have such an intelligent, courageous and talented lawyer to be represented by. THANK... Read more
- Tia Lane Johnson
John is passionate about law and I found him very intelligent, speaks articulately. I especially enjoy his "A Winning Approach" talks on900 CHML.Most importantly, John is a Fighter....that is what you want in the Courtroom. A fighter that not only throws a good punch....but can take the punch back and not go down. Performance is everything in the... Read more
- Ryan Barber
Saved my life and healed my soul:Please read my story if you're seeing this because this man, as a lawyer and as a human being, was everything and beyond what I could have ever hoped for.I was charged with a multitude of charges stemming from an incident that occurred over 2 years ago. Since then, I have been dealing with... Read more
- tatiana shevtsova
John East is a miracle worker! being a permanent resident and facing immigration problems for DUI, John saved my life. I got careless driving instead and no criminal record. I had to switch a lawyer because he was useless and simply didn't care, thank god someone recommend me John! He took his time to explain every single detail.He was... Read more
- Mirko Bucik
When it comes to legal representation John East will be the Harvy Specror of Hamilton.I listened to John's radio ad and who he said he is in the ad, is exactly who you get in person, the real deal. If he keeps it up he'll be the peoles champ.I spent 2 months purring over case law and familiarizing myself with... Read more
Mr East has gone above and beyond to help me through an otherwise daunting legal ordeal. He provided a comfortable space to discuss the case and relevant personal history. He was friendly and welcoming and willing to take the time to anwser my many questions. Mr. East went beyond his title requirements to help put my mind at ease during... Read more
- Naomi Sherwin
JOHN EAST IS THE BEST LAWYER! HE PRETTY MUCH SAVED MY LIFE. HE TAKES THE TIME TO UNDERSTAND THE CASE AND FIGHTS FOR HIS CLIENTS. He KNOWS THE LAW! I WOULD RECOMMEND HIM TO ANYONE IN TROUBLE WITH THE LAW! HE IS VERY PROFESSIONAL, RESPONSIVE, INTELLIGENT AND OUT RIGHT BRILLIANT. HIS PERFORMANCE IN THE COURT ROOM IS TOP QUALITY 100... Read more
- I Am
John East IS DA MAN! Young energetic responsive attention to CONSTITUTIONAL LAW “GRANTED” & SO “BESTOWED” By the Constitution Of Canada 🇨🇦 To ALL OF ITS “37 Million” Canadian 🇨🇦 Citizens, Whom “ individually” and “COLLECTIVELY”. CALL 📞THIS GREAT 👍 COUNTRY CANADA 🍁 🇨🇦 , ITS HOME 🏡 & NATIVE LAND❣️💕💌 🧑💻🌈💝🚀❣️
- Sandy Mahon
I was referred to John through the Law Society to assist me on a very stressful legal matter. He was very responsive and confident we could achieve positive results.He guided me through every step of the process and ultimately had my charges withdrawn! It was so much more than I had hoped for! Thank you John for all your hard... Read more
- Ben Hudson
Experienced excellent legal representation from John at East Law. He built a strong case and handled everything in a prompt and diligent manner. I was thoroughly impressed by his trial experience and preparedness. His cross-examination made all the difference to get the desired outcome. Everything was communicated to me effectively and efficiently throughout the entire process. Would highly recommend John... Read more
- Manny M
John East is an amazing defense lawyer, he takes his time to understand what the case is about and is determined to find the best way to defend it. In addition, John made sure to update me as my case progressed and that I understood what was happening at every step. As a result, John was able to resolve the... Read more
ABOUT JOHN EAST
B.A. (Hons), M.A., J.D.
John East lives for a fight. He is not afraid to throw a punch and is certainly not afraid to take a punch. He then became a Criminal Defence Lawyer. Having spent many years working on a farm, John East understands that hard work is what wins out at the end of the day. He applies this motto to every case that he defends, no matter what.LEARN MORE