How Do I Fight a DUI charge? Attorneys and Lawyers in Canada
4.8 (9 ratings)
Instead of using a simple lifetime average, Udemy calculates a course's star rating by considering a number of different factors such as the number of ratings, the age of ratings, and the likelihood of fraudulent ratings.
30 students enrolled
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How Do I Fight a DUI charge? Attorneys and Lawyers in Canada

Learn how to defend a new client charged with drunk driving, impaired driving, excess alcohol, over 80, refusal offence.
4.8 (9 ratings)
Instead of using a simple lifetime average, Udemy calculates a course's star rating by considering a number of different factors such as the number of ratings, the age of ratings, and the likelihood of fraudulent ratings.
30 students enrolled
Created by Stephen R. Biss
Last updated 6/2017
English
Price: $100
30-Day Money-Back Guarantee
Includes:
  • 1.5 hours on-demand video
  • 4 Articles
  • 7 Supplemental Resources
  • Full lifetime access
  • Access on mobile and TV
  • Certificate of Completion
What Will I Learn?
  • Engage a prospective client during the first telephone call
  • Interview a new DUI client in a manner that identifies potential legal issues and captures the client's confidence
  • Draft powerful Stinchcombe disclosure letters that get useful information and set the tone for future Charter litigation
  • Conduct a meaningful pre-trial meeting with an Assistant Crown Attorney where you give nothing away but gain concessions from the Crown
  • Obtain admissions of "operator error" from qualified technicians during cross-examination that result in an acquittal
  • "Those two courses are amazingly thorough and cover the most basic requirements from telephone call through interview and beyond to the skills required to do even a basic DUI case with comfort and back up support." (Ray Kuszelewski, Halifax, NS)
View Curriculum
Requirements
  • Students need to know basic criminal procedure before the course begins
  • Students should obtain copies of the Training Aid for the approved instrument in their province
Description

This course teaches Canadian lawyers, the basics of commencing the defence of a drunk driving charge. Canadian barristers already have a good grasp of the Criminal Code, the Charter of Rights, criminal procedure, and common law defences, but attorneys commencing a DUI charge for the first time need help with identification of key issues that can result in an acquittal or a non-criminal resolution. This program uses video to teach approaches to interviewing your client, getting more disclosure, and preparing for a trial. The price is in US$ but includes HST.

Who is the target audience?
  • Criminal defence lawyers recently called to the Bar should take this course
  • Experienced criminal law defence lawyers who wish to expand their practice into DUI work should take this course
  • Articling Students working with criminal defence lawyers in Canada
  • It would be very dangerous for a member of the public who is not a lawyer, to take this course, and then try to defend himself or herself on a DUI charge
  • The content in this course is Canadian and applies to Canadian laws and criminal procedure
  • This course is not for paralegals
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Curriculum For This Course
14 Lectures
03:15:57
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Start Here
2 Lectures 05:45

Understand the differences between impaired and over 80 defences

Preview 05:06

Please obtain essential materials from the ATC and CFS
00:39
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The First Telephone Call from A Prospective Client
1 Lecture 03:15
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The First Consultation with a Prospective Client
1 Lecture 09:01
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Completing the Retainer with the New Client
1 Lecture 09:41
Retainer Precedents
09:41
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Drafting the Unique Stinchcombe Letter
1 Lecture 07:08
Precedent for an Additional Disclosure Request on an Over 80
07:08
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Conducting a Winning Crown Pre-Trial
1 Lecture 05:42
Crown Pre-trials that Benefit the Defence Rather than the Crown
05:42
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Cross-examination of Qualified Technicians
6 Lectures 01:12:18

Example of Cross-examination of the qualified technician who performed the subject tests for your client as to compliance with 3 quality assurance checks at start of shift against the breath room video

Quality Assurance Checks at Start of Shift
12:57

Solutions Change Officer - Purpose of Cross-examination
06:16

Example of Cross-examination of the qualified technician who last changed the alcohol standard as to compliance with Quality Assurance Checks against disclosed COBRA data

Quality Assurance Checks by Solution Change Officer - Part 1
15:58

Quality Assurance Checks by Solution Change Officer - Part 2
10:12

Quality Assurance Checks by Solution Change Officer - Part 3
11:36

Quality Assurance Checks by Solution Change Officer - Part 4
15:19

Have some fun with this Quiz. Please don't take it too seriously. I have included it to help you to identify future learning needs.

Preparing for Cross-examination of the Breath Tech
1 question
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Understanding Scientific Reliability in R v St-Onge Lamoureux
1 Lecture 03:36
Where Do I Go From Here?
03:36
About the Instructor
Stephen R. Biss
4.7 Average rating
11 Reviews
198 Students
3 Courses
Criminal Defence Lawyer in Mississauga, Ontario, Canada

I am a lawyer with a criminal law and drunk driving defence practice in the Greater Toronto Area. I was called to the Ontario Bar in 1979. Since that time I have prosecuted and defended a great number of impaired driving and over 80 charges. I have a special interest in forensic science as it relates to approved instrument breath testing. I own both evidentiary instruments and screening devices. I present tutorials for defence attorneys at my office in Mississauga, and elsewhere in Ontario and Quebec. I have presented at Law Society of Upper Canada and other Bar association seminars in Ontario and at a conference in the United States. I know what technical defences are likely to be successful and which ones are not likely to result in acquittal. Most importantly, I have a very good understanding of the limitations of these instruments. I know when they are likely to make mistakes. They are not infallible.