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How to fight a DUI without a lawyer

Here are 5 things you need to know to fight a DUI without a lawyer.

1/ Check if you can get legal aid 



- If you’re not in a financial situation where you can hire a lawyer, you may be able to get the government to pay for a lawyer through Legal Aid Ontario.

- You need to qualify for legal aid, and it's based on financial means.  

- We've laid those requirements out in our "Ontario Legal Aid Calculator," which will let you know if you qualify for legal aid for your DUI charge.

- If you're eligible, you get a "legal aid certificate," contact lawyers that accept legal aid.

- Many lawyers accept legal aid, get free consultations to decide who you want to work with.



✅   See if you’re eligible for Legal Aid by check our Ontario Legal Aid Calculator

https://LegalAid.nextlaw.ca

2/ If you don't qualify, you're are not alone



You are not alone because you can have duty counsel represent you.

- Duty Counsel are lawyers paid for by Legal Aid Ontario.

- Available "on-demand" and are in every criminal court in Canada.

- They are criminal lawyers but operate differently from typical criminal lawyers.

- The main difference is their focus

- Not dedicated to your defence, they assist you on the day you're in court

- And, they are also assisting anyone else that needs legal help with their cases

- So you get limited focus, minutes only -- but it's better than nothing



3/ Find out what penalty the Crown is looking for



- You've been charged under the Criminal Code, and your specific charge will have penalties associated with that charge.

- Those penalties are generally not fixed are likely a range of potential penalties.

You can find those penalties on what's called a "screening form."

- Prepared by the Crown about what looking for in the event you plead guilty before trial + what looking for if you take the case to trial.

- Give your screening form to your duty counsel lawyer.



4/ Get all your evidence

You are legally entitled to get all the evidence the Police and the courts will be used against you to prove the DUI or Impaired case.



- However, the reality is, the Crown will often give you what they have and what's good for their case against you.

- Many times, the Crown does NOT give you what you need.

- In other words, you are NOT getting all the evidence that you are legally entitled to.

- It's often the evidence that they DON'T give to you that may make the difference between winning and losing your case.

- For example, ask for video footage when you were placed in the police car, footage when the Police were interacting with you, and video when you were in a jail cell. Ask for a McNeal Report. And there's more. Bottom line. Get all the evidence.



5/ Get free lawyer consultations



- There are a lot of criminal lawyers in the market, and it's very easy to get a free consultation.  You'll probably learn a lot about your circumstances that may help you with your case.

And, because there are so many criminal lawyers, prices are very competitive. 



- Ask what their fees are

- Ask if they will fix their fee into a block fee and not pay hourly

- And finally, ask if they offer payment plans.



https://youtu.be/mQ3Mii8Drg4 https://www.nextlaw.ca/2021/04/06/how-to-fight-a-dui-without-a-lawyer/

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