Richard Aitken | Toronto Criminal Defense Lawyer | Ontario DUI

A quite presentable client approached Aitken Robertson after being charged with both driving while impaired by drugs and dangerous driving. Our client's backstory was that he was struggling through some difficult times and had to have a routine medical examination - one that would require needles of which he had a great phobia. Prior to his examination, our client was prescribed a rather powerful anti-depressant to help with his nerves relating to the routine procedure. As a result of some miscommunication between the doctor, the pharmacist and our client, our client ended up taking a much higher dosage than what should be prescribed as it was unclear as to how many pills he was supposed to take. As a result - our client found himself behind the wheel after the procedure and the police had pulled him over. He was subsequently charged. At trial, our goal was to have the charges dismissed as a result of poor advice he had received from his doctor. Our strategy was to have our client testify in open court, and on the record, as he would clearly be an impressive and believable witness. We then proceeded to attack the credibility of the doctor and expose the misguided advice our client received. Ultimately, our client was acquitted of both sets of charges due to the negligence of the prescribing doctor.

All good things come in time. I have been practicing law for over 30 years now and I have seen many a different things when it comes to law. Having dedicated my practice to criminal law - and more specifically - defending those charged with impaired driving, DUI and DWI, I quickly learned that while each case is unique in its own way, there was one particular constant. The client needs help. It may sound cliché to hear a lawyer say "clients come first" but it is an absolute truth at Aitken Robertson. Our experienced team of six (6) criminal defence lawyers have over one hundred (100) years of combined experience. If you hire one lawyer - you get another five (5) who offer insight and defence strategies on the case for the price of the one that you hire. Managing client expectations can often be troublesome but the lawyers and staff here at Aitken Robertson understand not only the complexity of some criminal matters, but also the stress that accompanies being charged with a criminal offence. There is a fine line between being a fighter and a friend and we have learned to be balance of both. We offer realistic objectives and seek realistic outcomes for each of our unique clients that walk through the door.

There are many things to consider when trying to find the best lawyer to defend your personal interests as you navigate through your current matter before the courts. For starters, a client should ask whether a particular lawyer specializes in the particular area of law that you require them to assist you on. For example, while my practice fights all criminal charges - we specialize in the area of DUI as it is the area of law we know the most about and the area of law we have been the most successful in. Experience is an asset. In addition, a client should ask whether the lawyer has any specialized training in the particular field. I myself and the other lawyers I employ have specialized training on the Intoxilyzer breath machine the police use at the station, as well as the Alcotest roadside breath instrument. We also continuously update our training by attending many seminars on Standardized Field Sobriety Testing and Drug Recognition Evaluation. We are taught by some of the most prestigious DUI attorneys in the United States with countless years of DUI defence and this training is something that the majority of Canadian lawyers don't have. Other things that a client should consider include whether the lawyer belongs to any particular professional organizations that are devoted to a particular area of law, how successful is the lawyer in defending clients, what sort of support is available at the firm and how much a particular matter will cost. It is also important to know whether money is required up front or if the lawyer offers affordable payment plans to assist the client through their difficult time.

Local knowledge of the local system is beneficial in defending the interests of our clients. While navigating the justice system is made up much of knowing the law and applying it to any given case - it is also advantageous to manage relationships between other lawyers, the Crown attorney and the presiding Judge or Justice of the Peace. Something may unexpectedly arise that may require a sudden change in your approach to a client's matter and it helps the case if you are in good rapport with the local Crown, Judges and court staff. It is also beneficial to know who and what you are facing when you go into court. Certain jurisdictions with an increased rate in particular crimes/offences may be more strict in terms of how a matter is approached and knowing this in advance of attending court will prevent being blind-sided should something else that is unexpected happen.

• National College for DUI Defense (NCDD)

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