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Should I Plead guilty to first DUI?

Should I plead guilty to first DUI?

Should I plead guilty to first DUI?
  • This article assumes you’re early in the court process with your DUI charge, usually before your 1st time going to court for your DUI.  
  • And, assuming that is the case, then the short answer is no. You should not plead guilty to your first DUI at your first court appearance.
  • And here’s 2 reasons why.

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1/ It’s too early in your court process

  • When you go to court for the first time, that court date is called your first appearance. In other words, the first time you appear before the court for your DUI.
  • You can expect to get the evidence that the Crown will be using to prove the DUI case at your first appearance.  
  • And, along with that evidence, there will be a screening form that will list out what penalty the Crown will seek if you plead guilty to the DUI before you go to trial. And, what penalty the Crown will seek if you go to trial and lose.
  • Generally, the first deal that the Crown would give you on that screening form is the same or worse than other deals you may get as your case progresses.  
  • And, the court will give you time to consider the offer that the Crown gives you.
  • There is simply no benefit to pleading guilty early on, especially at your first appearance.

2/ You need time for a legal strategy to get the best outcome

  • You may think that you’re guilty of the DUI, and you want to get the whole process over with. And, by pleading guilty as soon as possible, that you can then move on with your life.
  • You need to resist that urge and take a step back.
  • What you need is time to develop a legal strategy.  
  • DUI laws are complex. And while you may think that the case against you is strong, the reality may be different.
  • By taking a deep dive into the facts of your case, your lawyer may be able to find problems in the case against you. 
  • And, if that’s the case, your lawyer may be able to negotiate a better outcome for you by pointing these problems out to the Crown.

So, bottom line. Don’t plead guilty to your DUI at your first appearance.  

Should I plead guilty to my first DUI offence in Ontario?

The decision to plead guilty to a first DUI offence in Ontario is a complex one that depends on the specific circumstances of your case. Factors that may influence your decision include the strength of the prosecution's case against you, your previous driving record, and the potential consequences of a conviction, such as fines, jail time, and a criminal record. Before making a decision, it is strongly recommended that you seek the advice of a knowledgeable DUI lawyer who can help you understand your rights and options.

What should I consider when deciding whether to plead guilty to a first DUI offence in Ontario?

When deciding whether to plead guilty to a first DUI offence in Ontario, there are several important factors to consider. These include the strength of the prosecution's case against you, the potential consequences of a conviction, such as fines, jail time, and a criminal record, and your prior driving history. You should also consider the possibility of negotiating a plea bargain or fighting the charges in court. It is important to carefully weigh all of these factors and seek the advice of a knowledgeable DUI lawyer before making a decision.

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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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

Do you want to avoid a DUI Charge?

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
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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.