How long does an impaired driving court case take to resolve in London?

When you are charged with impaired driving in Ontario, the punishment begins long before you are ever convicted. An automatic 90-day licence suspension and a 7-day vehicle impoundment happen at the roadside. Naturally, most people want to know how fast they can get the criminal matter resolved and move on with their lives.

The criminal justice system in Middlesex County does not move quickly. Navigating the legal procedures at the London courthouse requires patience. Whether you plan to negotiate a lesser charge or fight the case completely, this guide explains the timeline you can expect.

Step-by-Step Process in London

A criminal case must pass through several mandatory stages to ensure your Charter rights are respected. Rushing the process without proper legal advice is highly discouraged. 📋

Step 1: The Arrest and ADLS

Upon arrest by the London Police Service, you are issued an Administrative Driver’s Licence Suspension (ADLS) for 90 days. You will be given a Promise to Appear in court, usually scheduled for 3 to 5 weeks after your arrest date.

Step 2: First Appearance and Disclosure

Your first court appearance at 80 Dundas Street is purely administrative. Neither you nor your criminal defence lawyer will argue the case that day. Instead, your lawyer will request the initial “disclosure” (evidence), which includes the breathalyzer logs and police notes. Receiving full disclosure can take 2 to 4 months.

Step 3: Crown Pre-Trial Meetings

Once your lawyer has the evidence, they will hold a Crown Pre-Trial (CPT) to discuss the case with the prosecutor. This step often occurs between months 4 and 8. If the Crown agrees there is a weakness in their case, your law firm may negotiate a plea to a lesser traffic offence, such as careless driving. 👤

Step 4: Trial Date and Resolution

If no agreement is reached, your lawyer will set a trial date. Given the busy schedule of the Ontario Court of Justice in London, finding an available trial date can take an additional 6 to 10 months. The trial itself usually lasts only one or two days.

What Affects the Timeline?

The length of your case depends heavily on how you choose to plead. Here is a comparison of typical timelines:

How Much Does it Cost in London?

The longer your case drags on, the more expensive your defence will typically be. Here are the expected costs in Canadian dollars (CAD):

• Quick Resolution: If your lawyer resolves the case early through negotiations, the legal block fee generally ranges from $3,500 to $6,000 CAD.
• Going to Trial: If your case takes 18 months and goes to a full trial, lawyer fees usually increase to between $7,000 and $12,000 CAD.
• Transportation Costs: Because your driver’s licence is suspended for at least the first 90 days (and potentially up to a year if convicted), you must also budget for taxis, Ubers, or public transit in London during this waiting period.

The Jordan Limit (Unreasonable Delay)

Under Canadian law (the Supreme Court’s “Jordan decision”), you have the right to be tried within a reasonable time. For a case like impaired driving in the provincial court system, the hard limit is 18 months from the date the charges were laid to the end of the trial. If the Crown or the London courthouse delays your case beyond this limit, your lawyer can file a motion to have the charges permanently stayed (thrown out). 📅

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca