In this article, I will cover whether you can use Duty Counsel to fight a DUI charge.
- Duty counsel are licensed lawyers that are paid for by the Ontario government.
- They work for a government agency called Legal Aid Ontario.
- Some clients I’ve spoken to get confused between duty counsel and legal aid.
- Duty counsel are lawyers that provide a free service.
- There is no application process.
- And, duty counsel is free.
- Legal aid is financial assistance that you can use to get a lawyer of your choice, whether you were charged with an over 80, impaired driving by drug or alcohol, drunk driving, DUI or refusal breathalyzer.
- You need to apply for legal aid, and it is based partly on your financial circumstances.
- Here is what you need to know about duty counsel.
- Their role in your impaired driving case is limited.
- Here’s what they CAN do.
- They can assist you at your court date.
- For example, they will help you navigate the legal system related to your DUI charge.
- They will help you get the evidence that the court will be using to convict you.
- They will help you get an offer for an early resolution that will be written down in something called a screening form.
- Duty counsel lawyers are excellent.
- They are licensed by the Law Society of Ontario.
- And they know how to navigate the criminal system.
- But there are serious limitations as to what they can do.
- Duty counsel cannot do trials.
- Their role is generally to help you on your court date.
- Their role is also dictated by their reality which is volume.
- On your court date, there will be many clients that are seeking duty counsel help.
- Practically, that means you will only get minutes of advice because that duty counsel has a legal obligation to help everyone who needs help.
- And one of the biggest downsides is lack of continuity.
- If your case gets adjourned to a future court date, the next time you will most likely have a different duty counsel.
- And that lack of continuity is generally not the best way to fight your impaired driving case.
What is Duty Counsel?
Duty Counsel is a free legal service provided by the province of Ontario that offers immediate legal advice and representation to individuals who have been charged with a criminal offence and are appearing in court without a lawyer.
Can I use Duty Counsel to fight a DUI?
Yes, you can use Duty Counsel to fight a DUI charge in Ontario. Duty Counsel can provide immediate legal advice and representation in court, and can help you navigate the legal process and protect your rights. However, it's important to note that Duty Counsel is a temporary solution, and you may want to consider retaining a private DUI lawyer for a more comprehensive defence.
