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DUI Ontario: The Truth About Plea Bargains



- People charged with a DUI in Ontario want to know, can they beat their DUI?

- And if not, how can they get the best outcome to avoid the harsh penalties that come with a DUI conviction?

- And the answer may be with a plea bargain.

- But, there are lots of misconceptions about DUI plea bargains in Ontario, so let me clarify.



1/ What is a DUI plea bargain?



- A DUI plea bargain is an agreement between the defendant (that's you) and the crown which is the lawyer representing the government.

- In a plea bargain, you agree to plead guilty to a lesser charge that would allow you to avoid a DUI conviction.

- Or you agree to plead guilty to the DUI charge in exchange for a reduced or less severe sentence.

- While DUI defence lawyers will try to get your DUI charge withdrawn, there may be a point where the evidence against you is so strong that the risk associated with going to trial may be too high.

- That risk may amount to a severe penalty that you could have avoided if you had taken a plea agreement.

- And of course, there’s the cost.  

- Taking a DUI case to trial is expensive and very stressful.

- And driving that stress is uncertainty.

- You never know how a DUI case will be interpreted by a judge or jury.

- And ultimately, you never know what the outcome will be and how harsh the penalties may end up for you.

- But why would the crown lawyers agree to a plea bargain?

- And there are 2 main reasons.



2/ First, is because of weaknesses in the crown case



- In Ontario, the majority of DUI cases are resolved through a plea bargain instead of going to trial. 

- This is because there may be significant weaknesses in the government's case against you.

- A skilled DUI lawyer will analyze the evidence and identify any flaws or weaknesses in the DUI case. 

- There may be problems with the breathalyzer test or inconsistencies in witness statements, or there may be serious breaches of your charter rights.

- Your DUI lawyer would use this information during negotiations with the crown to argue that the chances of winning at trial are low. 

- And in these cases, crown lawyers would be motivated to get something out of your case because they don’t want to lose.

- The job of a Crown lawyer is to get convictions, and if they lose cases then that doesn’t bode well for keeping their job. 

- And this reality would likely lead to a favourable outcome for you through a plea bargain agreement.



3/ Second, are limited court resources



- The second reason why so many cases end up with plea bargains is simply the reality of volume.

- In 2021, almost 40,000 people were charged with DUI-related charges in Canada.

- If every DUI case went to trial, our court system would implode.

- Our court system does not have the capacity to handle every DUI case going to trial.

- So the Crown lawyers need to make hard decisions on which case should be pursued and taken to trial.

- And here’s the key.  

- The Crown lawyers only want to take DUI cases to trial in situations where they believe they will win.

- And if they can’t win a DUI case, then they won’t take it to trial.

- A good DUI lawyer will find weaknesses in the evidence and present that evidence to the Crown to convince them not to go to trial because they can’t win.

- And if that happens, the Crown will be motivated to offer a good plea bargain for your DUI case.



https://youtu.be/wpwJ26WPe18 https://www.nextlaw.ca/2023/03/07/dui-ontario-the-truth-about-plea-bargains/

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