Skip to main content


DUI Pardon Canada - Avoid These 6 Mistakes



- The key to getting a DUI Pardon in Canada is to get your application right before you submit it to the Parole Board of Canada.

- This seems obvious, but the reality is that the Parole Board rejects a huge number of DUI Pardons in Canada because of mistakes that can be avoided.

- Here are six of those mistakes.



Mistake #1 - Not answering every question



- To get your DUI Pardon in Canada, you need to answer every question with complete answers.

- The DUI Pardon application, which is now called the Record Suspension Application, is long and can be confusing.

- So, take your time and get the application right.

- Double-check your DUI Pardon application to ensure that every question has been answered fully and accurately.



Mistake #2 - Not telling the truth



- The Parole Board of Canada will take 6 to 12 months to approve your DUI Pardon in Canada.

- One of the reasons why it takes that long is because they will check your DUI Pardon application in depth to ensure that it is accurate and truthful.

- Ultimately, the Parole Board of Canada will find out the truth, so be honest when answering the questions.



Mistake #3 - Not including original documents



- To get your DUI Pardon in Canada, you need to submit original documents to the Parole Board of Canada.

- Specifically, you need to include the following original documents with your DUI Record Suspension application:



1 - Your original Criminal Record

2 - Your original Court Information Forms

3 - Your original Local Police Record Check

4 - If you were in the military, your original Military Conduct Sheet

5 - If applicable, your original Schedule 1 Exception Form

6 - Your original Record Suspension Application Form



- Before you send in your DUI Pardon Application, make sure you make photocopies of all your original documents for backup purposes.



Mistake #4 - Not being eligible



- To get a DUI Pardon in Canada, you need to be eligible.

- You should be aware of four key points.

- First, you need to complete your sentence in full.  That means paying all your fines, including the victim surcharge.

- Second, you need to wait.

- Your waiting period can be 3, 5 or 10 years.  The actual time depends on when you committed your DUI and if your DUI was handled by the court as a summary or indictable offence.

- Third, you need to be a law-abiding citizen.

- And fourth, make sure you do not submit your DUI Pardon application before the end of your waiting period.



Mistake #5 - Not including the fee



- Make sure when you send in your DUI Pardon application that you include the fee owed to the Parole Board of Canada.

- As of January 1, 2022, the fee is $50.

- Your DUI Pardon application will be returned if you don’t include the fee.



Mistake #6 - Not understanding the Measurable Benefit / Sustained Rehabilitation Form



- The hardest part of the DUI Pardon application in Canada is answering the questions in the Measurable Benefit / Sustained Rehabilitation Form.

- Here are three things you need to know about properly answering these questions.

- First.  Do not try to convince the Parole Board that you were innocent of your DUI.  

- Your DUI Pardon application is not the remedy if you believe you were wrongly convicted.

- Second, make sure you answer the questions in as much detail as possible.  Do not include “one-word” answers.

- And third, don’t say that you have forgotten the circumstances surrounding your DUI.  Your DUI Pardon in Canada will get refused.

- I am sure that your DUI conviction represents a time in your life that you want to forget. 

- But you need to revisit that time to properly answer the Measurable Benefit / Sustained Rehabilitation Form.

- Take your time and think through the who, what, when, where, and the how about your DUI to get your answers right.



https://youtu.be/mWgJ9_RG1V4 https://www.nextlaw.ca/2022/10/03/dui-pardon-canada-avoid-these-6-mistakes/

Comments

Post a Comment

Popular posts from this blog

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
Challenging a distracted driving charge in Ontario is not a lost cause. With the right strategies, you can successfully defend yourself. Here are the most effective defences that have brought relief to many facing these charges. 1. Insufficient Evidence Officer's Observations The prosecution must prove that you were using a prohibited device while driving. The officer's testimony must be clear and consistent about what they observed. If there are gaps or inconsistencies in their observations, this can create reasonable doubt about your guilt. 2. Emergency Situation Defence Legitimate Emergencies Ontario law recognizes exceptions for emergencies. If you can demonstrate that you were using your device to: - Call 911 - Contact emergency medical services - Respond to a genuine emergency This defence can be valid, though you must provide concrete evidence to support your claim. 3. Technical Device Defence Device Status and Mounting This defence focuses on...
Post a Comment
Read more
Distracted driving has become one of the most significant road safety issues in Ontario and across Canada in recent years. To address this growing problem, the Ontario government introduced Section 78(1) of the Highway Traffic Act, which prohibits using hand-held devices while driving. This article provides a detailed overview of Section 78(1), its implications for drivers, and its impact on road safety in Ontario. Background and Context With the proliferation of smartphones and other mobile devices, distracted driving emerged as a significant concern. Studies have shown that using a phone while driving significantly increases the risk of accidents. In response, Ontario first banned hand-held devices while driving in 2009. Section 78(1) was later introduced to strengthen and clarify these laws. Key Provisions of Section 78(1) - Section 78(1) of the Highway Traffic Act states: "No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless co...
Post a Comment
Read more