Ontario DUI charges can sometimes be reduced down to a non-criminal HTA offence such as "careless driving".

The Crown may drop the criminal code DUI if you agree to plead guilty to an HTA driving offence. This allows the accused to avoid a cirminal record.

Each province has different laws and policies with regard to impaired driving charges. This is because the Criminal Code has given them the range to propose alternative measures (diversion) to certain people who are charged. Someone charged with impaired driving in BC often has a much different process and options to consider than someone charged in Ontario. We operate throughout all of Ontario where DUI law is extremely harsh compared to some other parts of the country that have established programs that some people can participate in and avoid a permanent criminal record.

If there are enough mitigating factors like low readings, no kids in the car, no accident, and no prior charges, the Crown may look to make an HTA deal in exchange for dropping the Criminal Code DUI charges.

There are no guarantees and no established set of rules of procedures for when such deals are made, but they do happen regularly throughout Ontario. Each courthouse operates a little differently, but we usually know who to talk to (ie. who is most likely to agree to it).

Sometimes convincing the Crown to drop a DUI charge down to a careless driving involves poking holes in the evidence (disclosure) of the case or demonstrating that the level of impairment was relatively low and that it would not be in the public interest for the accused to receive a criminal record. The weaker the Crown's case the more likely they are to agree.

Ontario Crown Attorneys assess the eligibility to be offered a reduced HTA/careless driving offence in exchange for dropping criminal DUI charges differently.

Generally speaking, the further the case is from Toronto the more difficult it is to make such a deal. Some jurisidictions in the province take a tougher stance on DUIs than others.

At some Ontario courts accused who blow under 100 mgs will usually be offered to have the charges reduced down to a careless (non criminal offence) where at others the Crown may be seeking a jail sentence and permanent criminal record (this includes sentences of a Criminal Code "fine"). Their initial position is not necessarily their final one and in many cases they change their mind after speaking with us about your case.

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving throughout all of Ontario, Canada.

Have a skilled criminal lawyer who focuses on defending DUI charges protect you and your future from the consequences of a criminal record.




Are you a lawyer? If you are defending a impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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