To avoid a permanent criminal record for impaired driving in Markham, your lawyer will typically challenge the York Regional Police’s testing procedures or negotiate with the Crown to reduce your charge to a provincial traffic ticket, such as Careless Driving. Fighting the charge at the Ontario Court of Justice can take 6 to 18 months, but it is often the only way to protect your future.
Being pulled over on Highway 7 or a local Markham street and arrested for impaired driving is a terrifying experience. Many people assume that because they blew over the legal limit on a breathalyzer, their life is ruined and they have no choice but to plead guilty. However, an arrest is not a conviction. Under Canadian law, you are presumed innocent until proven guilty beyond a reasonable doubt.
Impaired driving (often referred to casually as a DUI) is a serious federal offence under the Criminal Code of Canada. A conviction results in a mandatory criminal record, massive fines, a driving prohibition, and devastating insurance increases. Fortunately, the highly technical nature of these investigations means there are numerous legal defences available. With a skilled criminal defence lawyer, it is entirely possible to fight the charges and protect your clean record.
If you are facing charges in Markham, your case will be heard at the Ontario Court of Justice in Newmarket. Here is a step-by-step look at how a lawyer builds a defence strategy to help you avoid a criminal conviction.
Step-by-Step Process to Fight Impaired Driving in Markham
Defending an impaired driving charge requires meticulous attention to detail. The police must follow strict constitutional and procedural rules; if they make a mistake, your lawyer can use it to your advantage.
Step 1: Exercise Your Right to Silence
Your defence begins at the roadside. You are legally required to provide your driver’s licence, registration, and insurance, and you must comply with a lawful demand to provide a breath sample. However, you are not required to answer questions like “How much have you had to drink?” Politely exercise your right to remain silent, as anything you say will be used against you by the Crown Attorney.
Step 2: Scrutinize Charter Rights Violations
Under the Canadian Charter of Rights and Freedoms, you have the right to speak to a lawyer without delay upon arrest. If the York Regional Police detained you but failed to provide access to legal counsel promptly, or if they unreasonably delayed your breath tests at the police station, your lawyer can file a Charter application to have the evidence excluded from the trial.
Step 3: Analyze the Breathalyzer Maintenance
Breath testing machines (Approved Instruments) must be calibrated and maintained according to strict scientific standards. Your law firm will demand the maintenance logs and calibration records for the specific machine used in your case. If the device was not tested properly or operated by a qualified technician, the breath results can be thrown out by the judge.
Step 4: Negotiate a Careless Driving Resolution
If the Crown’s case has weaknesses, your lawyer may negotiate a plea deal before a trial even begins. In Ontario, a common resolution is pleading guilty to the provincial offence of “Careless Driving” under the Highway Traffic Act. While this carries a fine and possible license suspension, it is not a criminal offence, meaning you completely avoid a criminal record. 📝
How Much Does it Cost in Markham?
Defending yourself against the resources of the government is a significant financial investment, but it pales in comparison to the long-term costs of a criminal conviction.
| Lawyer Retainer | A private criminal defence lawyer in the York Region typically charges between $5,000 and $15,000 CAD, depending on whether the case is resolved early or goes to a full trial. |
| Expert Witnesses | If your case requires a toxicologist to dispute your blood alcohol concentration (BAC), expect to pay $2,000 to $5,000 CAD for their report and testimony. |
| Alternative (If Convicted) | If convicted, you face a minimum $1,000 CAD criminal fine, plus your auto insurance premiums will likely increase by $5,000 to $10,000 CAD per year for several years. |
How Long Does the Process Take?
The justice system does not move quickly. After your arrest in Markham, your first court appearance in Newmarket is usually scheduled 3 to 6 weeks later. Your lawyer will then spend several months obtaining and reviewing the police disclosure (evidence). If you negotiate a plea deal, the process might wrap up in 4 to 8 months. If you take the matter to a full trial to fight for an acquittal, it can take 12 to 18 months to reach a verdict.
Frequently Asked Questions (FAQ)
Can I drive while waiting for my trial?
In Ontario, if you blow over the legal limit or refuse a breath test, the police impose an immediate 90-day Administrative Driver’s Licence Suspension (ADLS). After those 90 days, you can generally reinstate your licence and drive while awaiting trial, provided you have not been convicted yet.
What happens if I refused the breathalyzer at the roadside?
Refusing to provide a breath sample is a separate criminal offence under the Criminal Code, and it carries the exact same (and sometimes harsher) penalties as blowing over the limit. You should always provide the sample and let your lawyer fight the results later.
Is impaired driving a summary conviction or an indictable offence?
Impaired driving is a hybrid offence in Canada. The Crown Attorney can choose to prosecute it as a summary conviction (less serious, standard for first-time offenders) or an indictable offence (more serious, usually for repeat offenders or if there was an accident with injuries).
Will my employer find out about my arrest?
An arrest is not public knowledge in the same way a conviction is. However, if your job requires a clean driving abstract or a criminal record check during the time you are awaiting trial, the pending charges may appear.
Leave a Reply