Beating an impaired driving charge in Markham is a complex legal battle that generally takes between 9 and 18 months. Your criminal defence lawyer must request police evidence, negotiate with the Crown Attorney, and run a trial at the Newmarket Courthouse to successfully defend your case.
When residents of Markham are charged with Impaired Driving or ‘Over 80’ (commonly referred to as a DUI), their first question is almost always, ‘How quickly can we make this go away?’ A criminal charge carries immense stress, threatening your employment, your ability to travel, and your driving privileges. Unfortunately, the Canadian justice system does not move quickly. Successfully defending against a drinking and driving charge requires patience, meticulous preparation, and a deep understanding of the Criminal Code.
Fighting an impaired driving charge is not like fighting a simple speeding ticket on Highway 407. These are serious criminal offences that demand a rigorous process of evidence review, constitutional arguments under the Canadian Charter of Rights and Freedoms, and expert cross-examinations. This comprehensive guide outlines the exact legal timeline you can expect from the night of your arrest by the York Regional Police to your final trial date in York Region.
Step-by-Step Process to Fight an Impaired Charge in Markham
Your case will proceed through several mandatory stages at the Ontario Court of Justice in Newmarket. Missing a court date or mishandling the evidence can result in an automatic conviction.
Step 1: The First Appearance Court Date
When you are released from the police station, you will be given a Promise to Appear with your first court date, usually scheduled 3 to 6 weeks after your arrest. This is purely an administrative appearance. You will not plead guilty or innocent on this day, and there is no trial. Your criminal defence lawyer will typically attend this on your behalf to officially request the initial disclosure (evidence) from the Crown Attorney.
Step 2: Reviewing the Crown Disclosure
Disclosure is the complete package of evidence the police have against you. This includes the officers’ handwritten notes, breathalyzer calibration logs, and the booking room video from the Markham police station. Obtaining complete disclosure often takes several months and multiple court appearances. Your legal team will meticulously review every page to find constitutional breaches, such as an officer delaying your right to speak to a lawyer. 🔍
Step 3: Crown Pre-Trial and Judicial Pre-Trial
Once the evidence is reviewed, your lawyer will schedule a Crown Pre-Trial (CPT). This is a private meeting with the prosecutor to point out weaknesses in their case and attempt to negotiate a withdrawal or reduction to a non-criminal traffic offence (like Careless Driving). If a resolution cannot be reached, a Judicial Pre-Trial (JPT) is held with a judge to discuss how many days the actual trial will take.
Step 4: The Charter Application and Trial
If you proceed to trial, your lawyer will likely file a ‘Charter Application’ arguing that the York Regional Police violated your constitutional rights (for example, conducting an illegal search or holding you too long without a lawyer). If the judge agrees, the breathalyzer evidence may be thrown out, destroying the Crown’s case. The trial itself involves cross-examining the arresting officers and presenting expert toxicologists if necessary.
How Much Does It Cost to Defend a DUI in Markham?
Hiring a high-quality criminal law firm is an investment in your future. Defending an impaired driving charge is legally intensive and involves various fees.
| Legal Service or Requirement | Estimated Cost in CAD |
|---|---|
| Initial Legal Consultation | Usually $0 for a confidential case review |
| Lawyer Fees (Negotiated Plea/Resolution) | Typically $2,500 to $5,000+ depending on complexity |
| Lawyer Fees (Full Charter Trial) | Generally $6,000 to $15,000+ |
| Expert Toxicologist Witness (If needed) | $2,000 to $5,000+ to challenge the breath machine results |
How Long Does the Process Take?
The Supreme Court of Canada has established strict timelines (known as the *Jordan* framework) dictating how long the government has to bring you to trial.
- Initial Disclosure Phase: Gathering and reviewing the police evidence usually takes 2 to 4 months.
- Pre-Trial Negotiations: Meetings with the Crown and Judge typically occur 4 to 8 months after the arrest.
- The Trial Date: Most impaired driving trials are scheduled 9 to 18 months after the date of the offence.
- The Ultimate Limit: Under Canadian law, cases in provincial court must generally be completed within 18 months. If the Crown delays beyond this, your lawyer can apply to have the charges permanently stayed (thrown out).
Frequently Asked Questions (FAQ)
Do I have to go to court for every appearance?
Usually, no. If you hire a criminal defence lawyer and sign a ‘Designation of Counsel,’ your lawyer can attend most of the routine administrative court dates on your behalf, so you do not have to miss work. You generally only need to attend the final trial or if a judge specifically orders your presence.
Can a lawyer guarantee that I will beat the charge?
No ethical lawyer in Canada can ever promise a 100% guarantee that you will win your case. Impaired driving law is highly complex. A good lawyer will explain the realistic strengths and weaknesses of the police evidence and provide the strongest possible defence.
What happens if the police lost the video of my arrest?
If vital evidence like the station booking video is lost or destroyed by the police, your lawyer can file an application for a stay of proceedings. Losing evidence severely prejudices your ability to defend yourself and can lead to the charges being dismissed.
Is it better to just plead guilty to get it over with?
Pleading guilty immediately results in a permanent criminal record, a mandatory minimum $1,000 fine, a 1-year driving prohibition, and skyrocketing insurance rates. It is always highly recommended to have a lawyer review the disclosure first, as police often make fatal constitutional errors.
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