DUI charges after being pulled over for speeding, running a stop sign or a red light in Ontario, Canada.

Sometimes the accused is charged with impaired driving because they were observed by a police officer committing an HTA (Highway Traffic Act) offence. This can range from speeding, to running a red light/stop sign to even a parking related offence. If the accused is in the vehicle or nearby they will be looking for indicators of impairment such as slurred speech, oddly dilated pupils, and an odor of alcohol or marijuana.

If any of these things are detected this will give the police grounds to proceed with subsequent searches such as a field sobriety test, a roadside breathalyzer demand (blowing into an Approved Screening Device ‘ASD’), or arresting and taking them to the police station for a breath sample via the intoxilyzer. If drugs are suspected the accused may be transported to the hospital via police car or an ambulance for a blood test. The blood test is used to determine whether the accused was impaired by cannabis, alcohol, or illegal drugs even if legally prescribed by a Doctor (for anxiety, depression, etc.). The job of the police is to collect the evidence as best they can and provide it to the courts.

It is the job of the Crown Attorney and in some cases ultimately the Judge to decide what should happen to the accused (criminal record, jail, deportation, etc.).

This means that if the police charge you for an impaired driving/DUI related offence (operation while impaired, over 80, failure or refusal to provide a breath sample) your case will be going to court and you need a lawyer to defend you. At an absolute minimum all DUI related offences in Canada will result in a criminal record not to mention the negative effects on your car insurance and driving MTO record in Ontario.

All I did was speed or run a red light. How can the police have a right to test my breath for alcohol?

It is often said that driving is a privilege, not a right. In Canada, the police have a right to pull over anyone they want to check for sobriety, proper licensing, insurance, and the mechanical fitness of the vehicle. If you get into a car and drive you may be stopped or pulled over no matter how sober you are.

This being said the police cannot abuse this right or treat someone illegally by arbitrarily detaining them, arresting them, or searching them or their vehicle in contravention of the Canadian Charter of Rights and Freedoms. Sometimes DUI cases get dropped before trial or the accused is found innocent because their rights (often Charter) were violated by the police.

Since the police in Canada do not generally pull people over randomly there is usually something that brings their attention to the accused. The commission of an HTA traffic offence like speeding, running a light, sign, or failure to maintain their lane are some of the most common reasons people get pulled over. Once pulled over the DUI investigation will quickly begin. Traffic offences and traffic tickets are not criminal offences but all impaired driving Criminal Code charges are and carry at a minimum a criminal record if convicted.

I was charged with a DUI after being pulled over for a HTA offence. How can I beat the impaired charges?

The job of your criminal defence lawyer is to do everything possible to have the charges dropped (withdrawn), dropped down to a provincial HTA offence such as careless driving, or win an acquittal at trial. While many people just assume that because they were drunk at the time that they will be found guilty this is not the case in Canada.

Many cases can be won because of technical and/or Charter problems that the accused did not know about before consulting a lawyer. This is why DUI related charges are some of the most contested criminal offences in Canada. They are contested because a finding of guilt automatically results in a criminal record (the Judge has no choice on sentencing) and because they are sometimes beatable.

Just because you were drunk does not mean you will be found legally guilty of drinking and driving by the court at trial.

You may be able to win your case at trial and be found not guilty. Your lawyer may also be able to have the charges against you dropped by demonstrating to the Crown Attorney that there is no reasonable prospect of conviction or that it is not in the public interest to proceed with your case. The HTA Offence (speeding, running a stop sign or red light etc.) that the person was originally pulled over for is not necessarily a bad thing in DUI cases as it may be used to settle the far more serious criminal impaired driving related offence.

As criminal lawyers we often negotiate or bargain for a lower position from the Crown Attorney. If you are charged with impaired driving, being over 80, or failure/refuse breath testing after being pulled over for an HTA traffic ticket related offence, sometimes a deal can be made to drop the criminal charges (DUI) in exchange for pleading guilty to the HTA charge. This is a huge win for the accused as they do not have to risk going to trial, jail and getting a criminal record.

A criminal lawyer’s job is to identify potential problems with the Crown’s case and raise it with the Crown and the Judge.

Problematic issues are not a guarantee to a particular result should the case proceed to trial though they may be enough to persuade the Crown Attorney to drop the criminal impaired charges in exchange for the accused pleading guilty to one or more not criminal, HTA traffic related offences.

For those in Ontario, Canada simultaneously charged with speeding or other common provincial driving offences a guilty plea on the HTA offences may be enough to get the criminal DUI charges dropped.

While nobody wants a speeding ticket on their record it is nothing compared to a criminal conviction for impaired driving in Canada that will show up on all background checks, cause problems travelling to other countries such as the USA, and can result in deportation and refusal of IRCC immigration applications for those who are not Canadian Citizens.


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 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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