- On your first DUI offence, should you speak to the Judge to explain your situation?
- In this article, I’m going to explain why that’s a bad idea.
- This article is Part 5 of this important topic, “How to get out of a DUI first offence.”
- You should read Parts 1 to 4, where I cover really important information that you should know when you’ve been charged with your first DUI.
- Read Part 1 – How to get out of a DUI first offence?
- Read Part 2 – 4 Things You Need To Know
- Read Part 3 – Careless to DUI – The Penalties
- Read Part 4 – Careless to DUI – Should I Plead Guilty?
- In this article, I’m going to cover what you absolutely shouldn’t do. And that is, “speak to the Judge to explain your situation.”
- Let me give some context.
- You’ve been charged with a DUI for the first time. You’re anxious and scared about what’s happening. And, you have NOT been to court yet — your first court appearance is coming up.
- And, you’re telling yourself at that first court appearance, you want to get in front of a Judge to explain yourself.
- You may not believe you’re guilty. Or, you may have some important information that would give context to what happened. Or, you’re plain sorry, and you want to tell the Judge.
- You’re sure that the Judge will understand and agree with what you have to say.
- And after listening to you, the Judge will either drop your DUI charge. Or will replace your DUI charge with a lesser charge that is NOT a criminal charge, such as Careless Driving.
- On the face of it, that idea makes sense. But here’s the problem. It won’t work. And here’s why.
- At the start of your case, the key decision-maker is the Crown and not the Judge.
- The Crown is the lawyer that is in charge of prosecuting the case against you.
- When the Crown gets your case (which happens before the first court appearance), the Crown must decide whether they are going to proceed with your DUI charge or not.
- The Crown makes their decision based on a two-part test.
- The first test is whether there is a reasonable prospect of a conviction on your DUI charge given the evidence that the Crown believes it will have.
- And the second test is, even if there is a reasonable prospect of a conviction, is it in the public interest to proceed with the DUI charge against you.
- And these are tests that the Crown must apply. Not the Judge.
- So, explaining your circumstances to the Judge at your first court appearance won’t work and will not help your case.
How can you get out of a DUI first offence in front of a judge?
To get out of a DUI first offence in front of a judge, it is important to have a strong defence strategy and representation by a knowledgeable DUI lawyer. The lawyer can challenge the evidence and the circumstances surrounding the arrest, negotiate a plea bargain, or present a compelling argument in court to help reduce or dismiss the charges. A good DUI lawyer will also be able to guide you through the legal process and ensure that your rights are protected.
What is the key to getting out of a DUI first offence in front of a judge?
The key to getting out of a DUI first offence in front of a judge is to have a strong defence strategy and representation by a knowledgeable DUI lawyer. With the right legal representation, you may be able to challenge the evidence and circumstances surrounding the arrest, negotiate a plea bargain, or present a convincing argument in court to reduce or dismiss the charges. The right DUI lawyer will also be able to guide you through the legal process and protect your rights.
