What goes on behind the scenes when a DUI lawyer is fighting for the best outcome in your Impaired Driving case?
In this blog, I’m going to demystify this process for those facing DUI charges.
Desired Outcomes:
Every individual facing a DUI charge seeks the best possible result, which could mean having DUI charges dropped or, when that’s not possible, receiving the lightest penalty.
Achieving this in a DUI case requires a detailed process involving your DUI lawyer and the crown, who is the lawyer representing the government.
Initial Analysis:
The first step for your DUI lawyer is to analyze the crown’s evidence in your DUI case, called ‘disclosure.
This evidence is typically incomplete at your first DUI court appearance, so it’s crucial for your DUI lawyer to request all missing pieces.
This comprehensive gathering can take months, and meaningful discussions with the crown won’t happen until then.
Evidence Review:
Once your DUI lawyer has all the evidence, they’ll conduct an in-depth review to gauge the strength of the DUI case against you.
This involves identifying any flaws or weaknesses in the evidence, which can be pivotal in weakening the crown’s case in DUI matters.
Assessment and Strategy:
After this thorough analysis, a skilled DUI lawyer will estimate your chances of success.
This is when substantial negotiations with the crown begins.
In DUI cases with weaker evidence or less severe circumstances, your DUI lawyer may try to have your DUI charges dropped or reduced to a non-criminal offense like careless driving.
Conversely, in DUI cases with strong evidence or more serious facts, the focus may shift to minimizing penalties.
Client Consultation:
Finally, once your DUI lawyer has a complete understanding of the evidence and has strategized accordingly, they will discuss their findings and approach with you.
Your DUI lawyer will keep you informed about the ongoing discussions with the crown and advise on all the next steps until the end of your DUI case.
What are the potential outcomes in a DUI case?
The desired outcomes in a DUI case typically range from having DUI charges completely dropped to receiving the lightest possible penalty. This depends on the specifics of the case and the strategy employed by the DUI lawyer. In cases with less severe circumstances or weaker evidence, there's a possibility of charge reduction or even dismissal. Conversely, in more serious cases, the focus might be on minimizing penalties.
How does a DUI lawyer analyze and negotiate in a DUI case?
A DUI lawyer begins by analyzing the prosecution's evidence, known as 'disclosure.' This initial analysis is crucial, as the evidence at the first DUI court appearance is often incomplete. After gathering and reviewing all evidence, the DUI lawyer assesses its strength to identify any weaknesses or flaws. This assessment forms the basis for subsequent negotiations with the crown (the government's lawyer) and helps in strategizing whether to aim for charge reduction, dismissal, or penalty minimization.
