- First-time DUI
- You’re scared.
- You believe you’re guilty.
- Should you plead guilty and get it over with so you can move on with your life?
- I’ve spoken with so many people charged with Impaired Driving, Over 80 and Refusal to Take a Breathalyzer test who just want to plead guilty.
- Here’s their thinking.
- They believe they are guilty.
- They believe the court will be able to prove they are guilty.
- So, “what’s the point” of prolonging the inevitable?
- Why waste money on a lawyer?
- Why waste time and go through so much stress when the outcome is already a given?
- And my answer is always the same.
- You don’t know that the crown lawyers can prove you are guilty of a DUI.
- The way our legal system works is that the government needs to prove the case against you beyond a reasonable doubt.
- It’s not your job to prove you didn’t do it.
- It’s the government’s job to prove you did.
- And they need evidence to prove it.
- And that evidence needs to be rock solid.
- For example.
- Did the Police follow every rule according to the Charter of Rights and Freedoms when they arrested you?
- Did the Police continue to follow the rules up until the very minute they released you from custody?
- Was the Intoxilyzer machine properly tested and calibrated before you gave your breath samples?
- Did the technician conducting the breath test follow every rule?
- I could go on and on.
- The reality is people make mistakes.
- If a mistake was made in your case, no matter how small, then it’s possible that the crown cannot prove the DUI case against you beyond a reasonable doubt.
- That means you will not end up with a DUI conviction.
- And that is a big deal because a DUI conviction can have lifelong consequences.
- So what I tell clients is this.
- Take your time to make an informed decision.
- Wait until you get all the evidence from the crown.
- Get a legal opinion from a lawyer that specializes in DUIs to understand what your chances are.
- Because the evidence against you may not be what you think it is.
What should I do if I am charged with a first-time DUI?
Before pleading guilty, it is important to take your time to make an informed decision. Wait until you receive all the evidence from the crown, and consult with a lawyer specializing in DUIs to understand your chances of winning the case. It is the government's job to prove the case against you beyond a reasonable doubt, and if mistakes were made during your arrest or testing, it might be possible to beat the DUI charge.
Is it a waste of time and money to hire a lawyer for a DUI charge?
No, it is not a waste of time and money to hire a lawyer for a DUI charge. The way the legal system works is that the government needs to prove the case against you beyond a reasonable doubt. A lawyer specializing in DUIs can review the evidence against you and determine if any mistakes were made during your arrest or testing, which may weaken the government's case against you. Additionally, a DUI conviction can have lifelong consequences, so it is worth the effort to consult with a lawyer to understand your chances of winning the case.
