- People charged with a DUI in Ontario want to know, can they beat their DUI?
- And if not, how can they get the best outcome to avoid the harsh penalties that come with a DUI conviction?
- And the answer may be with a plea bargain.
- But, there are lots of misconceptions about DUI plea bargains in Ontario, so let me clarify.
1/ What is a DUI plea bargain?
- A DUI plea bargain is an agreement between the defendant (that’s you) and the crown which is the lawyer representing the government.
- In a plea bargain, you agree to plead guilty to a lesser charge that would allow you to avoid a DUI conviction.
- Or you agree to plead guilty to the DUI charge in exchange for a reduced or less severe sentence.
- While DUI defence lawyers will try to get your DUI charge withdrawn, there may be a point where the evidence against you is so strong that the risk associated with going to trial may be too high.
- That risk may amount to a severe penalty that you could have avoided if you had taken a plea agreement.
- And of course, there’s the cost.
- Taking a DUI case to trial is expensive and very stressful.
- And driving that stress is uncertainty.
- You never know how a DUI case will be interpreted by a judge or jury.
- And ultimately, you never know what the outcome will be and how harsh the penalties may end up for you.
- But why would the crown lawyers agree to a plea bargain?
- And there are 2 main reasons.
2/ First, is because of weaknesses in the crown case
- In Ontario, the majority of DUI cases are resolved through a plea bargain instead of going to trial.
- This is because there may be significant weaknesses in the government’s case against you.
- A skilled DUI lawyer will analyze the evidence and identify any flaws or weaknesses in the DUI case.
- There may be problems with the breathalyzer test or inconsistencies in witness statements, or there may be serious breaches of your charter rights.
- Your DUI lawyer would use this information during negotiations with the crown to argue that the chances of winning at trial are low.
- And in these cases, crown lawyers would be motivated to get something out of your case because they don’t want to lose.
- The job of a Crown lawyer is to get convictions, and if they lose cases then that doesn’t bode well for keeping their job.
- And this reality would likely lead to a favourable outcome for you through a plea bargain agreement.
3/ Second, are limited court resources
- The second reason why so many cases end up with plea bargains is simply the reality of volume.
- In 2021, almost 40,000 people were charged with DUI-related charges in Canada.
- If every DUI case went to trial, our court system would implode.
- Our court system does not have the capacity to handle every DUI case going to trial.
- So the Crown lawyers need to make hard decisions on which case should be pursued and taken to trial.
- And here’s the key.
- The Crown lawyers only want to take DUI cases to trial in situations where they believe they will win.
- And if they can’t win a DUI case, then they won’t take it to trial.
- A good DUI lawyer will find weaknesses in the evidence and present that evidence to the Crown to convince them not to go to trial because they can’t win.
- And if that happens, the Crown will be motivated to offer a good plea bargain for your DUI case.
Can you beat a DUI charge in Ontario?
While DUI defence lawyers will try to get your DUI charge withdrawn, there may be a point where the evidence against you is so strong that the risk associated with going to trial may be too high. In these cases, a plea bargain may be the best option to avoid the harsh penalties that come with a DUI conviction. A plea bargain is an agreement between the defendant (you) and the Crown lawyer representing the government, where you agree to plead guilty to a lesser charge that would allow you to avoid a DUI conviction or plead guilty to the DUI charge in exchange for a reduced or less severe sentence.While DUI defence lawyers will try to get your DUI charge withdrawn, there may be a point where the evidence against you is so strong that the risk of going to trial may be too high. In these cases, a plea bargain may be the best option to avoid the harsh penalties of a DUI conviction. A plea bargain is an agreement between the defendant (you) and the Crown lawyer representing the government, where you agree to plead guilty to a lesser charge that would allow you to avoid a DUI conviction or plead guilty to the DUI charge in exchange for a reduced or less severe sentence.
Why do Crown lawyers offer plea bargains in DUI cases?
There are two main reasons why Crown lawyers offer plea bargains in DUI cases. First, there may be significant weaknesses in the government's case against you, such as problems with the breathalyzer test or inconsistencies in witness statements. A skilled DUI lawyer can identify these weaknesses and use them during negotiations with the Crown to argue that the chances of winning at trial are low. In these cases, Crown lawyers would be motivated to get something out of your case because they don’t want to lose. The second reason is that the court system does not have the capacity to handle every DUI case going to trial. Therefore, Crown lawyers must prioritize which cases to pursue, and they will only take cases to trial where they believe they will win. A good DUI lawyer will find weaknesses in the evidence and present that evidence to the Crown to convince them not to go to trial because they can’t win. And if that happens, the Crown will be motivated to offer a good plea bargain for your DUI case.
