Impaired Driving. Over 80. Refusal. Trials and Appeals.
Serving the GTA with offices centrally located in downtown Toronto.
David Gomes is a lawyer practising drinking and driving law in the Greater Toronto area. He is in his 23rd year of criminal practice, having developed a reputation for skilled, fearless and compassionate advocacy on behalf of his clients. From the trenches of the Ontario Court of Justice to the marble walls of the Supreme Court of Canada, David has fought resolutely to defend his clients and protect the rights of all Canadians. He has helped hundreds of people, fought thousands of charges, conducted over 600 hundred trials and Constitutional applications, and argued numerous appeals. He is an unabashed civil libertarian, a stalwart defender of the rule of law and a harsh critic of abuses by public authorities.
David is driven by his unshakeable commitment to the freedom and dignity of individuals, imperfect as they may be, and the especially pressing need to preserve and defend those historic rights essential to a free society. He is a student of the law, the sciences and people. David recognizes the uniqueness of each client and understands that effective advocacy requires that a lawyer actually care about the people he or she represents.
He is a natural advocate. Highly skilled in oral and written argument, he is most comfortable in the courtroom. Always prepared for trial, David combines deft cross-examination with outside the box thinking to systematically dismantle his opponent's case. He is exceptionally creative and strategic and thoroughly thinks through each case well before trial commences. Yet he is agile enough to abandon, mid-trial if necessary, a long-planned strategy if something better emerges unexpectedly. He is able to assess a shifting landscape in real time and chart a new course. He wins the vast majority of his cases.
In his spare time, David coaches minor hockey in Toronto where he resides. He has coached every age group from Tyke to Major Midget and returns for his 14th consecutive season this fall.
WHY DRINKING AND DRIVING LAW
In 2003, already very experienced in the criminal law, David focused his attention on drinking and driving, a unique and extremely challenging legal discipline with enormous implications unrelated to automobiles. Drinking and driving cases are the primary battleground upon which the basic rights of Canadians are fought and determined on a daily basis.
In the years since, David has come to be recognized as a leading drinking and driving lawyer in Ontario. Determined yet pleasant, he is well regarded by the courts and his colleagues on both sides for his tireless advocacy, his deep knowledge of the law and his demonstrable skill. Drinking and driving cases now comprise over 90 percent of his practice.
In his own words:
Regarding Specific Expertise
“For people not engaged in the practice of criminal law, it often comes as a surprise that a drinking and driving practice is one of the most technically difficult areas of law to master. The principles, procedures and problems involved in drinking and driving cases are wide, deep, convoluted and a trap for the unwary.
One must first be a competent criminal lawyer, familiar with the underlying principles of the criminal law applicable to all criminal cases. Then comes the law specific to drinking and driving which is voluminous and esoteric, to say the least. However, even a good understanding of the law of drinking and driving is not enough if one lacks a firm underpinning in the law of evidence or the art of cross-examination. But those require a lot of trial experience because a drinking and driving practice is a trial practice. The existence of minimum sentences tie the hands of the Crown and Court and limit plea bargaining.
But even those are not enough without a good grasp of the sciences because issues of technology, biology, chemistry and Newtonian physics are always at work in drinking and driving cases. It is surprising how often these cases are investigated or litigated without a full awareness of the underlying math and sciences which premise much of what is going on in court. A good understanding of statistical analysis is also an invaluable tool, especially when cross-examining Crown experts relying on the literature of studies and experiments conducted on the population.
This is to say nothing of constitutional law, in particular, the Canadian Charter of Rights and Freedoms. One cannot credibly conduct a drinking and driving practice without a firm grasp of the expansive law and procedure surrounding the rights and remedies enumerated in the Charter. In many cases, the only effective strategy is to argue for the exclusion of breath evidence due to violations of a person’s Charter rights.
Hence, being a lawyer, even a criminal lawyer, does not by itself make one a competent drinking and driving lawyer. To the untrained eye, what may look like an overwhelming drinking and driving case can often turn out to be a gigantic house of cards ready to fall, if only given a gentle push in the right direction.”
David Gomes, 2012