Refusing a Breathalyzer: Impaired Driving Lawyers, Edmonton

Learn what will happen after you've refused a breathalyzer test from some of the most experienced impaired driving lawyers Edmonton offers.

Breath testing can take one of two forms: roadside testing and evidentiary testing.

Roadside testing is used by the police when there are insufficient signs or indicia of impairment in the ability to drive to warrant an arrest. The driver is NOT entitled to speak with a lawyer at this stage. If the driver provides a sample of breath, it will analyze as either a ‘Pass’, which has no consequences, a ‘Warn’, which has no criminal consequences but consequences under provincial legislation, or a ‘Fail’, which allows the police to continue their investigation and obtain further breath samples at the police station after the driver has had a chance to call a lawyer. These further breath samples are designed to determine the blood alcohol concentration (BAC) or blood alcohol level of suspected drunk drivers.

A failure or refusal to blow at the roadside, or at the police station, is a criminal offence and has the same consequences as a failed breath test or being provably impaired. If a demand is made for you to give a sample of your breath, COMPLY.

If you refuse a breath test, in additional to the refusal charge, you could still be charged with driving under the influence (DUI) or while impaired. If this happens, you will need the assistance of an experienced DUI lawyer. Experienced lawyers are the only ones who can unravel the complicated nature of such a case. Furthermore, there are some facts about refusing a breathalyzer screening that you should know.

Penalties for Refusing Roadside Testing or Evidentiary Testing

Once again, if you fail to comply with breath testing, you will be charged with a criminal offence and subject to the same penalties as DUI. These penalties can include:

  • A permanent criminal record

  • Fines of at least $2,000

  • License suspension of at least one year

  • Conditional probation

  • Enrollment in a program for license reinstatement

  • Possible jail time of at least 30 days on a second offence and at least four months on a third or higher offence

  • High risk insurance rates for a three to five-year period

  • Permanent license revocation in extreme cases involving multiple related prior convictions

The type and severity of your penalties will depend on your past record and the experience of your lawyer. Thus, the more DUI offences you’ve committed and the less experienced your lawyer, the worse the penalty. Of course, one of the best impaired driving lawyers Edmonton has to offer, like those at our firm, will fight to ensure you receive the lowest sentence possible.

How an Experienced DUI Lawyer Can Help

No matter the crime you’re accused of, your rights as a resident of Canada are always protected. And these rights are best defended by an experienced lawyer. An experienced impaired driving lawyer will be well-versed on DUI laws and court proceedings and be the most capable of providing a prompt, organized, and thorough defence. He/she will know how to approach your case and find difficulties with the police investigation that could result in an acquittal or the charges being withdrawn. Also, lawyers at Haryett & Company may even be able to establish that your refusal was warranted in the circumstances.

They will also ensure that you’re treated fairly by law enforcement, including investigating if proper procedures were followed during the investigation. If any violations are found, the DUI and/or refusal charges may be withdrawn or reduced. Although these sorts of cases can be complicated, they’re more likely to have favorable outcomes with an experienced defence team at the helm. A team like Haryett & Company will leave no stone unturned and, where possible, will work to establish that your refusal was backed by sufficient reason.

Have you received an impaired driving charge? Contact our office today: (780) 426-5317.

Shannon Routley
Protect Your Rights Following a Domestic Assault Charge

Assault involves physical attacks or hitting, physical threats of harm, unwanted physical contact, and physical contact of any sort without consent. Domestic assault involves committing a violent act against a, current or former spouse or sexual partner, or a family member., A violent act that isn’t committed in self-defence or defence of property can have serious consequences. If you’re accused of committing a violent act such as domestic assault, an experienced assault lawyer can help defend your rights and get your case settled favorably. There are, however, some facts you should know about domestic assault, including how an experienced defence lawyer can help you.

Domestic Assault Charges Can Carry Severe Consequences

Domestic assault is a serious offence that carries severe penalties in some cases. Here are some basic guidelines for penalties in domestic assault convictions:

  • A conditional sentence or house arrest

  • A custodial sentence

  • Fines

  • Travel limitations

  • A permanent criminal record

  • Restrictive probation conditions

  • long term ‘no contact order’ with the victim

The type and severity of penalties rendered against a convicted individual depends on how the Crown proceeds. The Crown may proceed ‘Summarily’ or ‘By Way of Indictment’, which is determined by the severity of the action and any prior similar offences. Furthermore, criminal proceedings against an individual accused of assault are may proceed even if the victim (or complainant) wants to drop the charges. The Crown may proceed with your case even if the matter is settled between you and your spouse, family member, roommate, etc. Therefore, depending on how the Crown proceeds, you may be subject to certain penalties.

Penalties for Domestic Assault

Once again, the possible penalties you may face in your domestic assault case will depend on how the Crown proceeds. Although the proceedings are different, the types of penalties for proceeding ‘Summarily’ or ‘By Way of Indictment’ are the same. The definitions for these types of proceedings and convictions; however, are different. In fact, they each have three distinctive characteristics. For example, summary proceedings and convictions 2) encompass the most minor offences in the Canadian Criminal Code, and 3) usually only carry penalties of six months of jail time, $5,000 in fines, or both. On the other hand, proceedings by indictment 1) are more serious than summary offenses and involve harsher penalties, 2) involve the prosecution of accused individuals with a possible trial by jury, and 3) include penalties that range from a minimum sentence of absolute discharge to a maximum five-year custodial sentence. The possible conviction and penalties you face will depend on your lawyer’s experience. If you choose any experienced assault lawyer Edmonton offers from Haryett & Company, you can rest assured that we will fight so that you receive the best possible sentence. Our expertise and dedication to our clients maximize a favorable outcome.

How an Experienced Lawyer Can Help

An experienced domestic assault lawyer can be there to make sure your rights are defended in court and. He/she will ensure relevant evidence is collected, proper witnesses are interviewed and presented, and pertinent motions, documents, etc. are filed. Additionally, he/she will help to clear you of any false accusations and help protect you against law enforcement intimidation. Most importantly, he/she will have knowledge of assault laws and court procedures. This knowledge will help ensure you receive a fair trial and a lesser sentence. Lesser sentences could come in several forms, including:

  • A conditional discharge without a criminal record

  • A monetary fine

  • An intermittent sentence, time served during weekends

  • Conditional sentence with community service

  • A suspended sentence with probation

In some cases, a peace bond agreement may be available. Lighter, first time offences can be eligible for a peace bond, which is an agreement between the defendant and Her Majesty to keep the peace and be of good behaviour. Upon entry into such an agreement, the Crown will withdraw the criminal charges, absolve the accused of any guilt, and set forth certain conditions, such as doing no harm or having no contact with the complainant for the duration of bond (typically 6 to 12 months). At the prosecutor’s discretion, a domestic assault case can be settled with a peace bond.

If you've been charged with domestic assault, contact us right away. We will work to ensure your rights are protected!

Shannon Routley
An Experienced DUI Lawyer is Even More Important When You've Had Multiple DUI Charges

Driving under the influence or impairment (DUI) can be devastating in many ways. Not only is it dangerous to everyone on the road, it’s rife with serious consequences. DUI charges carry severe penalties, including license suspension, large fines, and possible jail time. The severity of these penalties is magnified in cases where there have been multiple DUIs. Not only do multiple DUIs put you at risk of receiving the harshest penalties, but it can also make your case more sensitive and complicated. If you have multiple DUI charges, you should only be represented by an experienced DUI or impairment lawyer.

General Penalties for DUI Charges

Although every DUI case is different, there are some general penalty guidelines. These guidelines are as follows:

  • First DUI offence: Mandatory minimum one-year license suspension, fines, and/or up to two years of jail time

  • Second DUI offence: Mandatory minimum two-year license suspension, 30 days of jail time, and a possibility of up to two years of jail time

  • Third DUI and beyond: Mandatory minimum three-year license suspension, , four months of jail time and a possibility of up to two years of jail time

Please note that an offender with multiple related convictions may face more serious consequences to his or her driving privileges and a lengthier maximum sentence of incarceration. Also, the above guidelines do not apply in the event of an alcohol related accident involving bodily harm or death.

These penalties may seem harsh or even frightening, but they don’t apply in every case – they’re simply basic guidelines, and they vary depending upon the severity and details of your case. Moreover, the most experienced DUI or impaired lawyers Edmonton has to offer, like the lawyers at Haryett & Company, will work to ensure you receive the lowest penalty possible.

Advantages of Hiring an Experienced DUI Lawyer in Multiple DUI Circumstances

If you have past DUIs and new related charges, hiring an experienced impairment lawyer is your best option. An experienced lawyer offers several advantages. First, he/she will know the legal standards, procedures, and rules associated with DUI cases. They will also be able to identify any falsehoods or errors in your case, especially those related to sobriety or breath tests and blood draws. This ability often coincides with specialized knowledge of substance-detection technology and DUI laws. Experienced lawyers also take immediate action, as they know which legal forms, motions, etc. to file. Plus, the more experience your lawyer has, the faster your case moves along and, often, the lesser the sentence you receive. In some cases, your lawyer may even be able to have the case dismissed.

If you've been charged with impaired driving, contact our experienced team at Haryett & Company today: (780) 426-5317.

Shannon Routley
When You Might Need an Experienced White-Collar Crime Lawyer

White-collar crimes are non-violent offenses committed for monetary gain. They typically involve fraudulent conduct aimed at government entities, financial institutions, private or public businesses, charity organizations, bank customers, and regular consumers. When an individual is caught committing these types of acts, law enforcement will charge the liable person(s) with a specific white-collar crime. Although they may seem less serious, white-collar crime charges can carry stiff penalties, and these possible penalties include, significant fines, prison time, or both. You can and should hire an experienced lawyer who will work to determine the likelihood of conviction or success at trial, and if a finding of guilt is inevitable, help keep the consequence to a minimum. First, here's a look at some of these types of crimes:

Common Types of White-Collar Crimes

If you’re charged with a white-collar crime, you should educate yourself on the charges and what they entail. This includes understanding the laws related to the crime you’re accused of, as well as knowing the different types of white-collar crime that exist. Common white-collar crimes include:

  • Mortgage fraud

  • Issuance of worthless checks

  • Theft

  • Tax fraud

  • Bribery

  • Forgery and counterfeiting

  • Insurance fraud

  • Accounting fraud

  • Computer-related crimes

  • Scheme to defraud

  • Financial abuse of an elderly person

  • Healthcare fraud

  • Misuse of public office

  • Embezzlement

  • Racketeering

To strengthen your defense, an experienced lawyer will ensure you’re educated about the crime with which you have been charged, as well as any related crimes. It’s possible, and sometimes happens that accused persons are charged with multiple crimes of a similar nature. For example, someone charged with embezzlement may also be charged with theft, etc.

Fighting False Accusations

Of course, being accused of a crime isn’t an indication of guilt; every day, people are falsely accused of committing crimes. In cases where an individual is falsely or mistakenly accused of a white-collar crime, defendants are known as incidental actors. Incidental actors are unwittingly a part of a fraudulent scheme, meaning they didn’t knowingly participate in or create this scheme. False accusations usually result from fraudulent documents that bear the accused’s signature. Some people are also falsely accused by business partners (ex or current), employers, employees, co-workers, or even friends. These types of allegations, however, can be fought and disproved with the help of an experienced fraud lawyer. Edmonton men and women accused of white-collar crimes turn to the defence team at Haryett and Company.

Understanding Aggravated White-Collar Crimes

There are a number of circumstances which can aggravate the sentence on a fraud charge, including the relationship between the parties, the number of parties affected, the age of the affected parties, and whether the affected parties come from a disadvantaged or vulnerable group within society. Repeated fraudulent conduct, duration of the fraudulent conduct, and sophistication of the fraudulent conduct can also lead to an aggravated or higher sentence. If you’re charged with an aggravated white-collar crime, you could face exorbitant fines and a strong possibility of prison time. A normal charge could quickly become an aggravated one, especially if you don't have the help of an experienced white-collar crime lawyer. Not only can a proven lawyer prevent this unfortunate circumstance, he/she can seek to reduce the number of charges you are facing and help you receive the lowest sentence in the circumstances.

If you have been charged with a white-collar crime, contact the legal team at Haryett and Company now. We bring years of experience and a proven track record to provide you with the quality, personalized defence you require.

The Importance of Hiring a Proven DUI Lawyer

Intoxicated drivers can be a danger to themselves and anyone else on the road. And driving while intoxicated often comes with serious consequences. For many, one of the most serious consequences is being arrested and charged with Driving Under the Influence (DUI). If you’re charged with a DUI, whether by alcohol or drug, your license will be suspended or revoked, you could be subject to a criminal record, large fines, possible jail time, and a significant and long-term increase in insurance premiums. Seeking the help of an experienced lawyer, however, can help reduce the seriousness of a DUI charge. Here's how:

The Best Personal Representation

To save time and money, some people simply hand their cases over to a legal aid lawyer or the first lawyer they find. To secure the best legal representation possible, however, you should only look for DUI lawyers with proven track records. And, while it may seem okay to simply hire a lawyer who specializes in DUI cases, it could be a mistake to choose a law firm without a high success rate. Similarly, while a legal aid lawyer may have experience with many DUI cases, they may not have a high win rate or expertise in this area. Furthermore, legal aid lawyers are often stretched thin from being assigned too many cases at once, and this makes these types of lawyers unable to provide personalized representation. For experience, success, and quality representation, contact Haryett & Company.

Offer Specialized Knowledge

DUI lawyers with significant experience and successful cases offer extensive knowledge of DUI laws and have an understanding of the effects of alcohol or drug consumption on the human physiology and the way alcohol or drug testing instruments work, their reliability and their shortcomings. This knowledge can be applied to your case and used to educate you on this legal process. An experienced lawyer can also explain how the judge will view your case and apply the admissible evidence to the law. Plus, legal expertise can save time and money, as your lawyer won’t need to learn the nuances of the process related to DUI cases. Mistakes and unnecessary court appearances can also be avoided during the legal process. Furthermore, considerable legal knowledge can help ensure you’re properly prepared for each court appearance and more.

Returns Your Life to Normal, Faster

A DUI charge can upend a normal life, causing legal, personal, career, financial, and (in some cases) emotional challenges. Facing serious legal consequences can be stressful and frightening, whether it’s potentially losing your license, paying a fine, or (especially) going to jail. But, fortunately, a proven DUI lawyer has the knowledge and the expertise to help put your life back on track quickly. They’ll put your legal defence together properly and efficiently. An experienced defence lawyer will provide a strategy to maximize the likelihood of success at trial.

When they need a proven DUI lawyer, Edmonton men and women call Haryett & Company. We'll provide the experience and personalized representation you need to receive the best possible outcome.

Why You Need a Proven and Experienced Drug Defense Lawyer

Facing criminal drug charges can be distressing, but having the support of a good legal team can improve the outcome of your situation. An experienced drug defence lawyer brings legal expertise, will take care of all the paperwork, pleading, and trial details while navigating around legal obstacles. An experienced lawyer at the helm will provide you with an understanding of your jeopardy and peace of mind, while working to minimize the consequences of your actions.

When faced with drug charges, these are some of the many reasons you should only hire an experienced drug lawyer:

Provide Expert Knowledge of Drug Laws

Generally, experienced drug defence lawyers are experts on drug-related laws. This includes knowing what penalty accompanies each type of drug offense. Expert knowledge of drug offenses and their penalties could help ensure you’re given a fair trial and sentence. Whether the charge is minor or major, the penalty will match. In some cases, the sentence may be better than expected, as legal expertise can improve the likelihood of a more lenient penalty. It doesn’t matter if you’re facing a fine or jail. Your lawyer will also have knowledge of the prosecutors and judges that may try your case. Just remember, the more knowledge your lawyer has, the stronger your defence will be.

Mitigate Risks by Acting Immediately

It is important to get a lawyer involved as quickly as possible after you have been charged. After being hired, an experienced drug lawyer will take charge of your case. A proven lawyer knows that the sooner you act, the better your chances of winning. In some instances, moving at a snail’s pace gives the prosecution time to strengthen their case. In other circumstances, a lawyer that acts promptly, can mitigate risk. Initial, quick action from your defence team is also an indicator of how they might handle future obstacles. Handling obstacles promptly at any point in the legal process can also help mitigate risks and increase your chances of winning or receiving a more lenient sentence.

Perform Damage Control

Damage control goes along with mitigating risks. Without a lawyer, you’re constantly at risk of causing damage. Intimidation from law enforcement can make you say the wrong thing or even provide false information. Experienced counsel will prohibit such intimidation, prevent leading questions, or advise you on how to answer questions. They will also stop you from making uninformed, coerced, or impulsive decisions, as every decision must go through your counsel. Making the right decisions will ensure your case is stable and stays on equal ground with the prosecution. Furthermore, your lawyer can prevent you from incurring additional false charges.

Delegate Tasks to a Legal Defence Team

To provide the best representation and build your case, your lawyer will bring a legal defence team. Pertinent tasks are delegated to this team, including:

  • Finding key witnesses

  • Gathering relevant evidence

  • Preparing certain court documents

  • Cross-examining witnesses

  • Finding expert witnesses

This team will also ensure regular and expert witnesses are prepared to provide testimony that will strengthen your case or undermine the prosecution’s case. Additionally, an experienced defence lawyer and team will design a unique strategy to fit your drug charge. A strong, unique strategy could include preparing you for trial, conducting an independent investigation, and making settlements or negotiations before trial.

When you've been charged with a drug-related offence, don't delay! Hire an experienced drug lawyer. Edmonton men and women turn to Haryett & Company for their legal expertise and commitment to effectively defending their clients. Call now for more information.


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