In this article, I will cover why a Judge cannot substitute your DUI charge for a careless driving charge.
- First, some important context.
- One of the ways to get out of a DUI is to get your charge dropped to a non-criminal charge called careless driving.
- Careless driving is covered under section 130 of the Highway Traffic Act of Ontario.
- While you will still face serious penalties because of your drinking and driving, you will not get a criminal conviction which is a big deal.
- Criminal convictions can negatively impact your ability to work, travel and generally have a productive life.
- And that’s why people who are charged with a drinking and driving offence want to get this non-criminal offence outcome.
- However, most people don’t know that a Judge does not have the power to substitute your impaired driving or over 80 charge to a careless driving offence.
- A key person in this context is the Crown, who is the lawyer in charge of prosecuting your drinking and driving offence.
- To replace a DUI charge with a careless driving charge, the Crown must agree that your situation justifies this change to a non-criminal charge.
- Now, a Judge can exert some influence over the Crown’s decision, but ultimately the Crown must agree to this significant charge.
- I’ve created some great videos about getting out of a DUI first offence and getting a careless driving outcome.
- You can watch this video here: https://youtu.be/PI-svXUUYUw
Can a judge drop a DUI charge to careless driving?
A judge may not necessarily be able to drop a DUI charge to careless driving, as the Crown prosecutor has the discretion to proceed with the charge they believe is appropriate. However, in some cases, a plea bargain may be reached where the defendant pleads guilty to a lesser charge, such as careless driving, in exchange for the withdrawal of the DUI charge.
What is the significance of a judge being unable to drop a DUI charge to careless driving?
The significance of a judge being unable to drop a DUI charge to careless driving is that the defendant will face the full consequences of a DUI conviction, which can include hefty fines, a criminal record, license suspension, and potential imprisonment. It's important to note that the prosecution has the discretion to pursue the charge they believe is appropriate, and a plea bargain may be reached where the defendant pleads guilty to a lesser charge.
