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DUI Defense Secrets: Why Most Cases Never See Trial
When facing DUI charges, most people envision themselves in a courtroom, standing before a judge and jury. However, the reality is quite different – most DUI cases never actually make it to trial. As a DUI lawyer at NextLaw, I've seen firsthand how cases are typically resolved behind the scenes, and today I'm sharing four crucial insights that could save you thousands of dollars and months of stress.

The Power of Resolution Meetings


One of the most powerful yet least understood aspects of DUI cases is something we call a resolution meeting, or in legal terms, a Crown pre-trial. Just as any major deal in life involves negotiation, these meetings serve as the primary forum for resolving DUI cases.

What makes these meetings particularly effective is their private nature. Taking place behind closed doors with just the defense lawyer and Crown lawyer present, these conversations allow for honest, straightforward discussions about your case. No judge, no jury, and no public gallery – just two legal professionals working to find a resolution. In fact, these private meetings are often where cases are effectively won or lost.


The Strategic Timing Factor


Many people mistakenly believe that negotiations in DUI cases happen just before trial. This couldn't be further from the truth. Timing is a critical factor in DUI defense strategy, and knowing when to initiate discussions can make or break your case.

The successful handling of a DUI case follows a specific sequence:

- Gathering all evidence (police notes, breathalyzer records, and witness statements)


- Conducting thorough analysis of the collected evidence


- Meeting with the Crown to discuss resolution

This methodical approach ensures that we enter negotiations fully aware of our position – much like a poker player who knows exactly what cards they're holding.


The Art of Negotiation


Successful resolution meetings rely on four key strategies that experienced DUI lawyers employ:


Personal Circumstances


We present factors such as a clean criminal record, completion of counseling, or employment dependencies on driving ability. These personal elements often carry more weight than most people realize.


Technical Defenses


We identify potential technical issues that could impact the case. For instance, a delay in administering a breathalyzer test could render the results inadmissible, or certain police paperwork errors could lead to case dismissal.


Crown's Case Weaknesses


Every case has vulnerable points – whether it's inconsistencies between witness statements and police reports, procedural errors, or potential Charter violations. Identifying and leveraging these weaknesses is crucial.


Reasonable Resolution Knowledge


Experience with numerous DUI cases provides crucial insight into what constitutes a reasonable deal, allowing for more effective negotiations.


Alternative Solutions


Perhaps the most valuable insight is that DUI cases aren't limited to simple guilty or not guilty outcomes. One particularly important alternative is the careless driving plea under the Highway Traffic Act. This "third option" can help avoid a criminal record – a crucial distinction from a DUI conviction.

However, securing such a deal requires careful negotiation, strategic timing, and skillful presentation of your case. It's not simply a matter of requesting this alternative; it needs to be earned through proper legal strategy.


The Bottom Line


While not every DUI case can be resolved without trial, understanding these resolution strategies significantly improves your chances of achieving the best possible outcome. The key lies in knowing how resolution meetings work and applying the strategies outlined above effectively.

https://youtu.be/lkly6cLGXN0 https://www.nextlaw.ca/?p=30053

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