Division programs

Hello everyone , Is there anyone know if crown offers any diversion program on first DUI in ON. As they listed as follows:''this is an appropriate case for : with 5 different programs''. But they are seeking custody plus driving probation on early guilty plea.


Asked 6 months ago in Bradford, Ontario
Categories: Criminal Law

Answer Now

Andrew Captan

Answer by Andrew Captan

Not VerifiedOntario lawyer

Formal Diversion is not offered for DUIs.  Formal Diversion typically is limited to property crimes, such as theft (shoplifting), fraud, etc.

In some DUI cases (usually those where (1) there are low readings (2) no accident (3) the accused has no DUI record), the Crown will agree to a non-criminal resolution (such as a guilty plea to the traffic offence of careless driving).

In your case, if they have screened your file for jail time, this likely signals either that you have a prior DUI record or there is something extremely aggravating about the case (ie, someone was injured; there were children in the vehicle, etc).

The Crown position on the form you've read is subject to change.  That said, the minimum punishment on all DUI offences in Canada is a $1,000 fine and a 12 month driving prohibition (the Crown cannot ask for less than that and a Judge cannot impose less than that if a person pleads or is found guilty of one of the DUI offences).  The fine triggers a criminal record.

If you have other questions about the case, I do take on DUI cases in Bradford. My info is below.
____________
Andrew Captan
Toronto Criminal Lawyer
www.toronto-criminallawyer.ca
andrew@captanlaw.com
647.878.6355


Posted 6 months ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrew Captan, or search the Lawyer Directory.


Comment

Hi there Even if there was 31 mins difference between the 2 official test completed at station which Involves a amb(ambience failure) as well as a call check with 95 . Many thanks for your advice

Posted 6 months ago


Andrew Captan

Answer by Andrew Captan

Not VerifiedOntario lawyer

The Crown can seek whatever sentence they see fit on a finding of guilt. 

The issues you raised are not issues that are very relevant at a sentencing hearing; they may be reliable at a trial (the time between testing is an issue that could be relevant in regards to whether the police obtained your samples "as soon as practicable", and the other device issues could be relevant to attack the reliability of the device, but you would likely need an expert toxicologist to do that.)

Posted 6 months ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrew Captan, or search the Lawyer Directory.


Andrew Captan

Answer by Andrew Captan

Not VerifiedOntario lawyer

*They may be relevant (not reliable) at at trial

[Sorry for the mistake]

Posted 6 months ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrew Captan, or search the Lawyer Directory.


Comment

Thank you very much Andrew. I really appreciate it.

Posted 6 months ago


Andrew Captan

Answer by Andrew Captan

Not VerifiedOntario lawyer

No problem!

Posted 6 months ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrew Captan, or search the Lawyer Directory.

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