Peterborough DUI Lawyer: We defend DUI charges and run trials at Peterborough court.

Our lawyers know Peterborough court and who to deal with. If we find problems with your case, we will get the Crown to drop the charges or prove you should be found not guilty in court.

All accused charged with impaired driving (dui, over 80, refusal) should hire their own criminal defence lawyer immediately to represent them. Your own lawyer should be the first person to speak to the Crown Attorney after reviewing all of the Crown's evidence (disclosure).

Peterborough DUI cases are heard at the courthouse located at 70 Simcoe St. First appearances are usually be held in courtroom 2. The court date and courthouse information will be stated on the Undertaking (Form 10) or Release Order (Form 11) given to the accused.

Sometimes the Crown in Peterborough will seek a jail sentence for first time DUI offenders. We ensure our clients are treated fairly.

Peterborough Crowns sometimes seek a jail sentence for first time offenders if aggravating factors are present (high BAC reading, kids in car, cause accident, etc.). Repeat offenders face mandatory minimum jail sentences by law. Immigrant accused (students, work permit, PR) may be deported by IRCC if convicted. A criminal record is a mandatory sentence for all DUI convictions in Canada.

If the Crown takes an unduly harsh position against you, we have the case precedents (often from the same courthouse/Crown office) to prove they are being unreasonable. We don't let them treat our clients unfairly.

Our lawyers know how to find problems with the Crown's case and will do everything possible to get you off.

DUIs are almost never open and shut cases. Don't ever assume you have no case. The burden is on the Crown to prove every element of the offence, which can be difficult. Our lawyers find the problems and get the Crown to drop the charges. If they refuse, we simply take the case to trial. Sometimes DUI charges are dropped on the trial date (they make you wait).

We win DUI cases by challenging the Crown’s evidence, such as whether:

1. the police's arrest procedures violated the accused's Charter rights,


2. the accused was legally impaired at the time of the alleged offence,


3. the accused was in care and control of the vehicle,


4. the breathalyzer and DRE evidence sufficiently prove impairment.

The police and Crown must prove each element of the offence beyond a reasonable doubt. It is relatively common for them to make mistakes in their investigation that can cause the Crown's case to fall apart after we apply to have their evidence excluded.

If the Crown won't drop the charges on their own after a pretrial (CPT), we will request a judicial pretrial (JPT) and present our findings in front of a judge. The Crown may be persuaded to drop the charges if the JPT judge seems to be siding with us (the defence).

Deals to drop DUI charges: Weak but triable cases may be dropped outright or in exchange for pleading guilty to a non-criminal provincial HTA offence like careless driving.

Impaired driving charges may be withdrawn in exchange for the accused agreeing to plead guilty to a non-criminal provincial HTA offence such as careless driving. Defendants agree to these deals because they guarantee no criminal record.

HTA resolutions are common in cases where the Crown's evidence is flawed but triable. The accused may wish to take an HTA deal to avoid the risk of a criminal record if the judge sides with the Crown at trial.

In cases where the evidence is relatively strong, we still may be able to convince the Crown to drop the criminal charges outright or offer a careless driving charge instead if:

1. the BAC reading is not too high (varies by courthouse and Crown),


2. impairment is not obvious in the CCTV, bodycam, breath technician, and/or DRE evidence presented by the Crown,


3. other mitigating factors are present (no record, employed),


4. there are no significant aggravating factors (no accident or injuries, no kids involved, no priors, etc.).

Cases that cannot be resolved will go to trial for a judge to decide if the accused should be found guilty or not. If the defence is able to raise a reasonable doubt the judge must acquit. The burden is always on the Crown to prove each element of the offence, which is not possible in some cases.

We find the gaps. Maybe you'll catch a break.

Gaps in the Crown's evidence can work in your favour. Defendants should not plead guilty without their case first being thoroughly reviewed by their own privately retained lawyer.

If you or someone you are trying to help has been charged with impaired driving, give us a call now at 647-228-5969 for a free case evaluation.

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 offences at the Peterborough courthouse.

Have a skilled criminal lawyer who focuses on defending DUI charges in Peterborough 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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