Have you recently been charged with a DUI in Ontario? Perhaps, you're uncertain about what comes next, especially regarding your initial court date. This straightforward guide will make it easier for you to understand what happens at your first court appearance for a DUI in Ontario.

First Court Date for DUI: It's Not a Trial

Contrary to popular belief, your first court date after receiving a DUI in Ontario isn't your trial date. Instead, it's called your 'first appearance. At this stage, the officers who charged you aren't required to attend, and the case's details are simply presented to the court for the first time.

During this first appearance, three key actions occur:



- You enter a plea—either guilty or not guilty.

- You receive documents referred to as 'disclosure', which contains the evidence the Crown lawyers intend to use against you.

- A date for your next court appearance is scheduled.



The Necessity of Showing Up: You or Your Lawyer Must Attend

Your first court appearance is a compulsory event; it's not optional. You can either present yourself or have a legal representative attend on your behalf. Failing to show up can lead to severe consequences, such as the issuance of a warrant for your arrest and a new charge, 'Failure to Appear'. Consequently, you could be held in custody until your trial date. So, make sure either you or your lawyer attend the initial court date.

Incomplete Evidence: The Disclosure Package

Canadian law mandates that Crown lawyers provide the evidence they will use against you, known as 'disclosure. During your first appearance, you'll receive a disclosure package. However, it's crucial to note that this package might not be comprehensive. The evidence provided by the Police might be incomplete and may not include all the necessary details to win your case.

Therefore, it's crucial to request the Crown to gather all the necessary evidence to prepare adequately for your defence against the DUI charge.

Remember, understanding the DUI process in Ontario is crucial for navigating your first court date effectively. The more informed you are, the better you can manage your situation.



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