How to fight a DUI without a lawyer?

How to fight a DUI without a lawyer

Here are 5 things you need to know to fight a DUI without a lawyer.

1/ Check if you can get legal aid 

• If you’re not in a financial situation where you can hire a lawyer, you may be able to get the government to pay for a lawyer through Legal Aid Ontario.
• You need to qualify for legal aid, and it’s based on financial means.  
• We’ve laid those requirements out in our “Ontario Legal Aid Calculator,” which will let you know if you qualify for legal aid for your DUI charge.
• If you’re eligible, you get a “legal aid certificate,” contact lawyers that accept legal aid.
• Many lawyers accept legal aid, get free consultations to decide who you want to work with.

2/ If you don’t qualify, you’re are not alone

• You are not alone because you can have duty counsel represent you.
• Duty Counsel are lawyers paid for by Legal Aid Ontario.
• Available “on-demand” and are in every criminal court in Canada.
• They are criminal lawyers but operate differently from typical criminal lawyers.
• The main difference is their focus
• Not dedicated to your defence, they assist you on the day you’re in court
• And, they are also assisting anyone else that needs legal help with their cases
• So you get limited focus, minutes only — but it’s better than nothing

3/ Find out what penalty the Crown is looking for

• You’ve been charged under the Criminal Code, and your specific charge will have penalties associated with that charge.
• Those penalties are generally not fixed are likely a range of potential penalties.
• You can find those penalties on what’s called a “screening form.”
• Prepared by the Crown about what looking for in the event you plead guilty before trial + what looking for if you take the case to trial.
• Give your screening form to your duty counsel lawyer.

4/ Get all your evidence

You are legally entitled to get all the evidence the Police and the courts will be used against you to prove the DUI or Impaired case.

• However, the reality is, the Crown will often give you what they have and what’s good for their case against you.
• Many times, the Crown does NOT give you what you need.
• In other words, you are NOT getting all the evidence that you are legally entitled to.
• It’s often the evidence that they DON’T give to you that may make the difference between winning and losing your case.
• For example, ask for video footage when you were placed in the police car, footage when the Police were interacting with you, and video when you were in a jail cell. Ask for a McNeal Report. And there’s more. Bottom line. Get all the evidence.

5/ Get free lawyer consultations

• There are a lot of criminal lawyers in the market, and it’s very easy to get a free consultation.  You’ll probably learn a lot about your circumstances that may help you with your case.
• And, because there are so many criminal lawyers, prices are very competitive. 

• • Ask what their fees are
  • Ask if they will fix their fee into a block fee and not pay hourly
  • And finally, ask if they offer payment plans.