Skip to main content


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.



https://youtu.be/dRCxcfLGwBE https://www.nextlaw.ca/2023/02/21/first-court-date-for-your-dui-in-ontario-what-to-expect/

Comments

Post a Comment

Popular posts from this blog

Stunt Driving Defence Costs: Why Choosing the Cheapest Lawyer Is the Most Expensive Mistake When Jonathan Cohen of Nextlaw discusses legal representation costs with prospective clients facing stunt driving charges, he consistently encounters the same flawed question: "How much does defence cost?" As Ontario's leading stunt driving lawyer, Jon Cohen has analyzed the economics of traffic defence across thousands of cases and identified a critical reality—the relevant question isn't what you'll pay for representation, but rather what conviction will cost compared to your legal investment. This comprehensive analysis examines the true financial mathematics of stunt driving defence, why block fee structures protect clients, and how choosing representation based solely on price represents the single most expensive decision defendants make. Understanding Block Fee Structures in Stunt Driving Defence Legal representative Jon Cohen exclusively employs block fee arran...
Post a Comment
Read more
Why Office Location is Irrelevant When Choosing Ontario's Best Stunt Driving Lawyer When facing stunt driving charges under Section 172(1) of Ontario's Highway Traffic Act, many defendants make a critical error that could compromise their defence: choosing legal representation based solely on proximity to their courthouse. Jon Cohen, legal representative at Nextlaw—Ontario's leading stunt driving lawyer—explains why this geography-based approach is not only outdated but potentially harmful to your case outcome. The Virtual Court Revolution Changed Everything Since 2021, Ontario's court system has undergone a fundamental transformation that most defendants don't realize. Court appearances for legal representatives are now conducted one hundred percent online across all fifty-two Provincial Offences Courts in Ontario. This shift to virtual proceedings means that whether Nextlaw operates from its Toronto office at 250 University Avenue or any other location in On...
Post a Comment
Read more
Getting your license back after a DUI can feel overwhelming. As a DUI lawyer, I'll explain the steps required to get you back on the road. Understanding the Suspension Process Immediate Administrative Suspension The moment you're charged with a DUI, you face a 90-day administrative driving license suspension. This occurs before any conviction and operates independently from court penalties. Your vehicle will be towed and impounded immediately. Court-Ordered Suspensions Upon conviction, judges must impose minimum driving prohibitions: - First offense: One-year minimum - Second offense: Two to five years - Third offense: Three years to life The final duration depends on aggravating factors in your case. Ministry of Transportation (MTO) Suspensions The MTO operates parallel to the courts with its own framework: - First offense: One-year suspension - Second offense: Three-year suspension - Third offense: Lifetime suspension (reviewable after 10 yea...
Post a Comment
Read more