How to get out of a DUI first offence – Part 4 “Careless to DUI – Should I Plead Guilty”
- Let’s say the Crown is offering to drop your DUI charge and replace it with Careless Driving. Should you plead guilty to that Careless Driving charge?
- The answer is, it depends.
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- The biggest benefit of the Crown dropping your DUI charge for a Careless Driving charge is that there is no criminal record.
- But, before you plead guilty to the Careless Driving charge, there are 4 things you need to know.
1/ There are severe penalties with the careless driving charge
- These penalties include fines, potential probation, a period where you will need to install an interlock device to drive your vehicle
- And, you may also face rising insurance premiums that make driving unaffordable.
- So bottom line, make sure you understand all the penalties and their ramifications.
2/ Crown’s case could be weak- When the Crown offers a careless driving charge instead of a DUI, that may be a signal that the Crown’s case is weak. In other words, there may be real problems with the case against you.
- Remember, the Crown needs to prove your DUI case beyond a reasonable doubt. And, if there are problems with the evidence, then the Crown may not be able to prove the case beyond a reasonable doubt which means that you would win your DUI case.
- The Crown will likely realize that they have a weak case, and by offering you a Careless Driving charge, they would then get some “win” against you, but that may not be in your best interest.
3/ Does it make sense to fight your DUI charge?- If the Crown’s case is weak, then the logic goes that you should fight the DUI case and refuse the careless driving offer.
- Yes, that may be true in theory, but you need to balance the risk of fighting the charge and going to trial.
- At a trial, you never know how evidence will unfold. No matter how strong a case is, there is always uncertainty about the outcome.
- And there will be a financial and emotional cost of taking your DUI case to trial.
- Bottom line. There is uncertainty. And in some cases, it may be better to take a guilty plea with careless driving than deal with all the risks of losing your DUI case.
4/ Speak with a lawyer- DUI cases are complex.
- And the most important thing to do is to speak with a lawyer to understand your options.
- If the Crown’s case is weak, then the logic goes that you should fight the DUI case and refuse the careless driving offer.
- Yes, that may be true in theory, but you need to balance the risk of fighting the charge and going to trial.
- At a trial, you never know how evidence will unfold. No matter how strong a case is, there is always uncertainty about the outcome.
- And there will be a financial and emotional cost of taking your DUI case to trial.
- Bottom line. There is uncertainty. And in some cases, it may be better to take a guilty plea with careless driving than deal with all the risks of losing your DUI case.
4/ Speak with a lawyer- DUI cases are complex.
- And the most important thing to do is to speak with a lawyer to understand your options.
What steps can I take to get out of a first-offence DUI?
To get out of a first-offence DUI, there are several steps you can take, including: obtaining legal representation from a knowledgeable DUI lawyer, negotiating a plea deal with the prosecution, and presenting a strong defence in court. Your DUI lawyer can help you assess your options and determine the best course of action for your case.
What is the role of a DUI lawyer in getting out of a first-offence DUI?
A DUI lawyer plays a critical role in helping you get out of a first-offence DUI. They can provide you with legal representation, negotiate with the prosecution, and help you build a strong defence in court. By working with a knowledgeable DUI lawyer, you can increase your chances of successfully resolving your case and avoiding a conviction.
