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Your DUI Case & COVID in Ontario

DUI & Covid – 4 Things you NEED to Know

Your DUI Case & COVID (4 Things You Need To Know)

Covid 19 has impacted how all criminal cases, including DUI cases, are being handled in the courts.  Here are 4 things you need to know.

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1/  Some background.  You will have multiple court dates.

  • With any criminal case, including DUI cases, you will be going to court multiple times.
  • All DUI cases will start with a first appearance, which is the first time you will appear in court, but there will be other court dates.  These dates include:
  • Set dates: Where the court will get an update about the status of your case.
  • Judicial pre-trials – Where a judge will be present to hear the facts of your case
  • Guilty plea dates: If you choose to plead guilty.
  • Trial: If you choose to go to trial.
  • Sentencing hearing – Where a judge will impose a penalty on your charge if you are found guilty.

2/  During COVID, most dates will not be in person

  • All court dates would require you or your lawyer to appear in court in person at regular times.
  • However, during COVID, most dates will not be in person but will either be heard online or via telephone.
  • To be certain, you should contact the court where your case is being heard to find out whether it will be in person or not.  And if it’s not in person, make sure you find out the details about how to attend the appearance.  
  • For example, if it’s by telephone, find out the correct phone number and passcode.  
  • Or, if it’s by zoom, again, find out the proper zoom ID and passcode.

3/  You must show up, even if it’s online

  • Even though your court appearance may not be in person, you still have a legal obligation to show up.  
  • If you’ve hired a lawyer, then your lawyer will show up for you.  Or, in some cases, your lawyer may require you to attend that court date with them.  Your lawyer will let you know.

4/  Your case will continue to move forward.  

  • Although COVID has changed the way your case is being handled, the legal system will continue to process your case under a specific timeline.
  • Under section 11(b) of the Canadian Charter of Rights and Freedoms, all criminal cases need to be tried within a reasonable period from the date you were charged.
  • In 2016, the Supreme Court of Canada ruled in a famous case, known as the “Jordan case,” that that time period is generally either 18 or 30 months after a person is charged, depending on the type of trial.
  • So the courts need to stay on this 18 or 30-month timeline to ensure that they are following the rules.  This means that your DUI case will continue to move forward, even during COVID.
What should I know about DUI charges during the COVID-19 pandemic?

In light of the COVID-19 pandemic, there are several important things to be aware of if you are facing a DUI charge. The court system and the process for dealing with such cases may have changed, so it is important to understand your rights and how the situation may affect your case.

How has the COVID-19 pandemic impacted the court system for DUI cases?

The COVID-19 pandemic has had a significant impact on the court system, and this includes DUI cases. The courts may be operating differently or have reduced hours, and there may be changes to the way cases are heard or the length of time it takes to resolve a case. It is important to be aware of these changes and how they may impact your DUI case.

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Dan Joffe, lawyer, partner Nextlaw Ontario

My team uses forensic analysis to determine whether your Charter rights were violated. If you have been charged with DUI, book a free call that can change everything

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About Dan Joffe, Partner

Daniel holds a JD (LLB) / MBA from Osgoode Hall Law School & the Schulich School of Business at York University, Toronto. Dan is a licensed lawyer in the Province of Ontario.

The Ontario DUI Arrest Test™

The 60-Second Ontario DUI Arrest Test assesses the nature of the arrest in order to determine if your charges may get withdrawn.

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Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.