Driving under the influence (commonly referred to as DUI) is one of the most serious offenses in Canada. Implications arising from this charge can have long-standing consequences on the accused’s life, even if they avoid jail time.
For these reasons, those accused of DUI should always look into how their charges can be dismissed, or at least, reduced. Here, you’ll see all the avenues a skilled DUI lawyer has to reduce DUI charges. Read on to find out more.
How Can DUI Charges Be Reduced
DUI charges can be reduced or dropped either when the defense identifies and proves a major discrepancy in the prosecution case or if the prosecution is willing to accept a plea to amend the charges to a lesser offense.
If it’s proven that the prosecution’s case was flawed, the charges may be dropped because the case can’t be prosecuted anymore. Whereas, if the Crown agrees to change the charge, it will likely be to a provincial careless driving charge, which has far less serious consequences than a DUI charge.
Unlike DUI, a criminal offense that results in a criminal record and conviction, careless driving is a regulatory charge which carries a lesser punishment. In some provinces, drivers convicted of carless driving can be prohibited from driving for a year, although there may be exceptions, such as driving to and from the workplace.
Normally, DUI charges won’t be reduced or dropped right away. The Crown prosecution will only agree to amend the charge if the defense attorney can make a convincing argument for a plea bargain. Experienced DUI lawyers can pursue and professionally represent DUI cases and provide relief by getting the accused’s charges reduced or dropped.
Entering a Plea Bargain
The most common approach of DUI lawyers to reduce DUI charges and prevent their clients from submitting to the maximum penalties for this criminal offense is to approach the prosecution for a plea bargain.
Depending on the circumstances, the defense attorney can approach the prosecution for a plea deal before the case hearing. This way, the Crown attorney may even be able consider the plea bargain before the case gets to court. It’s when the prosecution decides whether to drop the case because it’s too flawed to proceed to trial or charge the accused with a lesser charge instead.
Entering a Not-Guilty Plea
After the defendant is charged, they will need to decide whether to go for a not-guilty plea or acknowledge responsibility and plead for a lesser charge. During this period, if they want to take responsibility and their lawyer asks the prosecution to amend their charges, the DUI and the Crown attorneys can come to an agreement.
It’s crucial that the DUI lawyer evaluates the case as closely as possible and determines whether the defendant should enter a not-guilty plea or enter into a plea bargain for lesser charges.
How Can DUI Charges be Amended to Reckless Driving
There are several reasons behind the Crown agreeing to amend DUI to carless driving. For example, the DUI lawyer can argue that their client’s prosecution is not the public interest (as the Crown prosecution only represents the public interest and not any other entity). It’s not in the public interest to prosecute a case when there’s an indication of errors or flaws during the process.
The defendant’s personal circumstances may also have a bearing on the Crown’s decision to accept a plea bargain. For example, if the accused drives for a job, a criminal record and conviction could hinder their ability to support themselves or their family.
The DUI may also convince the Crown to amend the charges if there is a question about the accused’s level of impairment.
Final Thoughts
As a DUI charge can result life-changing consequences, it’s an offense that shouldn’t be taken lightly. A DUI lawyer can help reduce the charges by either proving the criminal case is not in the public interest or that the case can’t proceed to trial due to errors or mistakes made in the Crown case.
They can also make a convincing argument of why the prosecution should agree to a plea bargain and amend the DUI charges to reckless driving. If you’re facing a DUI and need legal support, then contact AGP LLP today. We’ll be happy to give you a consultation and the legal support you need.
