Impaired Driving Defence Lawyer in Peterborough, Ontario

We defend impaired driving charges laid by the Peterborough Police Service and OPP.

If you are charged with any form of impaired driving (dui, over 80, refusal), you should hire a criminal defence lawyer immediately to represent you. Your lawyer should be the first person to speak to the Crown Attorney.

Those charged with impaired driving offences in Peterborough will have their case heard at the courthouse located at 70 Simcoe Street, Peterborough, ON. DUI first appearances will usually be held in courtroom 2. This information will be printed on the Undertaking (Form 10) or Release Order (Form 11) provided to the accused.

All forms of impaired driving will require the accused to be fingerprinted and have their mugshot taken by the police prior to their first court appearance date. Those not fingerprinted upon arrest will normally receive a future date for fingerprinting approximately one week prior to the first court date.

A finding of guilt for operation while impaired under Criminal Code s. 320.14 (1) or refusal/failure to provide a breath sample under s. 320.15 (1) will result in a Canadian criminal record. Repeat offenders face mandatory minimum jail sentences. Many accused in Peterborough are also immigrants (students, work permit, PR) who may be deported by IRCC if convicted.

What defence strategies for impaired driving charges can be successfully used in Peterborough area cases?

Many accused wrongly assume that just because they drove while intoxicated or high that they have no case and will lose in court. There are often potentially viable defence strategies your lawyer can use to get the charges dropped or win at trial.

DUI cases are fought and won in Peterborough court 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. This is often a more difficult task than people assume in DUI cases. We will carefully examine and scrutinize each element in the disclosure to hopefully uncover problems with the Crown’s case.

We will then raise any problems discovered during the Crown pre-trial (CPT) or Judicial pre-trial (JPT). Sometimes the Crown will be persuaded to not proceed at this point, especially if the JPT judge seems to be siding with the defence.

Getting the Crown to drop impaired driving charges prior to trial

In cases where the accused’s lawyer is able to convince the Crown that there is no reasonable prospect of conviction (RPC), they may drop or withdraw the criminal charges. In Peterborough court, sometimes this is done in exchange for the accused agreeing to plead guilty to a non-criminal provincial HTA offence such as careless driving.

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 DRE evidence presented by the Crown;


3. other mitigating factors are present (no record, employed); and/or,


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

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

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


Call us today.
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 throughout Ontario.

Have a skilled criminal lawyer who focuses on impaired driving related charges in Peterborough court protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending an 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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