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This is BAD for your DUI Case



- In this article, I will explain what increases the seriousness of your DUI case.

- This is an important topic because a more serious DUI case will significantly impact your legal process and the outcome you may face.



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- There’s something called aggravating factors that can impact the gravity of your Impaired Driving, Over 80 or Refusal Breathalyser case.

- In plain English, it means there’s evidence surrounding your DUI, which increases the severity of what happened.

- Here are some examples of aggravating factors.

- Very high blood alcohol readings.

- If there were kids in your vehicle.

- If you were travelling at a high rate of speed.

- If you were driving in an erratic manner such as swerving your vehicle in and out of traffic.

- An accident causing property damage.  

- An accident where someone was hurt or killed.

- And I could go on because this list is not comprehensive.  

- But the point is this.  When there are aggravating facts surrounding your DUI, this will impact your case in two ways.

- First, how the Crown proceeds with your DUI case.

- And second, if your case gets to the penalty stage, how a Judge would rule on your penalty.



How aggravating factors impact the Crown's decision-making process



- First, let's discuss how aggravating factors impact the Crown's decision-making process.

- Impaired driving, Over 80 and Refusal to take Breathalyzer cases are known as hybrid offences.  

- This means the Crown can proceed with your DUI as a summary offence or an indictable offence.

- This decision is important because it has a significant impact on your case.

- Indictable offences are much more severe cases with significant penalties than summary offences.  

- Usually, the Crown will treat a DUI as a summary offence.

- But, with aggravating circumstances such as an accident causing harm or death, the Crown would proceed with your DUI as an indictable offence.

- That means you will face a longer legal process requiring a jury to determine the outcome of your case.

- And the penalties for indictable offences are much more serious than a DUI prosecuted as a summary offence.



How aggravating factors impact DUI penalties



- The second significant way aggravating circumstances can impact your DUI case is regarding the penalty.

- So if your Impaired Driving, Over 80 or Refusal to take a Breathalyzer case reaches the stage where a penalty is given, aggravating circumstances will impact the severity of your penalty.

- The Criminal Code of Canada defines penalties that are applicable on a conviction.

- While there are mandatory minimum penalties, the Criminal Code gives the Judge a range of penalties to be applied according to the facts of your DUI.

- For example, Judges have a range of penalties, including elevated fines, increased license suspension and longer jail sentences.

- The more serious the aggravating factors are, the more serious the penalty will be.



https://youtu.be/ReBhWPcn64g https://www.nextlaw.ca/2022/06/09/this-is-bad-for-your-dui-case/

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