Drive Suspend Charge in Ontario. Lesson 2 – Police Treatment
- I’ve had clients who’ve been charged with Driving While Under Suspension in Ontario who claim that the Police mistreated them when they were charged.
- In this article, I cover 5 things you need to know whether that treatment can result in the driving suspension charge being withdrawn.
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1/ There are specific rules regarding treatment- The Charter of Rights and Freedoms lays out these rules.
- The Charter of Rights and Freedoms is part of the Canadian constitution.
- These rules protect all Canadian citizens from the government’s actions, which includes the Police.
- There may be an opportunity to withdraw your charge of Driving While Under Suspension if one or more of the rules is broken.
2/ Don’t get confused- I’ve spoken with many driving while suspension clients who’ve said that they believe the Police did not treat them appropriately.
- While you may have been treated rudely, that in itself doesn’t violate the rules outlined in the Charter of Rights and Freedoms.
- Ultimately, do not confuse what you believe is disrespectful behaviour with violating the rules of the Charter.
3/ You can review police treatment here- To determine whether the Police treatment did break the rules, you need to review what happened.
- And the place to find out what happened is in the evidence.
- You will give that evidence in a disclosure package you should get at your first court appearance.
4/ Go deep into the details- In your disclosure, there should be details of what happened when the Police charged you.
- If the rules were broken, then those details should be in the evidence.
- Some relevant details of what happened may be missing that prove your claim.
- If that’s the case, you should request additional disclosure to flesh out the details of the missing events.
5/ Here’s what happens when a rule is broken- If the Police did break a rule, that would open an opportunity in your driving while under suspension case.
- However, that does not automatically mean that the charge will be withdrawn.
- But, it may open an opportunity with the Prosecutor to discuss the penalty and other ways to resolve your case, which may work out to your benefit.
- I’ve spoken with many driving while suspension clients who’ve said that they believe the Police did not treat them appropriately.
- While you may have been treated rudely, that in itself doesn’t violate the rules outlined in the Charter of Rights and Freedoms.
- Ultimately, do not confuse what you believe is disrespectful behaviour with violating the rules of the Charter.
3/ You can review police treatment here- To determine whether the Police treatment did break the rules, you need to review what happened.
- And the place to find out what happened is in the evidence.
- You will give that evidence in a disclosure package you should get at your first court appearance.
4/ Go deep into the details- In your disclosure, there should be details of what happened when the Police charged you.
- If the rules were broken, then those details should be in the evidence.
- Some relevant details of what happened may be missing that prove your claim.
- If that’s the case, you should request additional disclosure to flesh out the details of the missing events.
5/ Here’s what happens when a rule is broken- If the Police did break a rule, that would open an opportunity in your driving while under suspension case.
- However, that does not automatically mean that the charge will be withdrawn.
- But, it may open an opportunity with the Prosecutor to discuss the penalty and other ways to resolve your case, which may work out to your benefit.
- In your disclosure, there should be details of what happened when the Police charged you.
- If the rules were broken, then those details should be in the evidence.
- Some relevant details of what happened may be missing that prove your claim.
- If that’s the case, you should request additional disclosure to flesh out the details of the missing events.
