PREVALENCE OF DUI CASES IN KITCHENER

Impaired and DUI charges are some of the most common types of criminal charges that proceed through the criminal court system in Kitchener.  You will often see media reports surrounding the rise of DUI charges in the Kitchener-waterloo area.  Impaired Driving is on a rise in Canada, according to Statistics Canada.

DUI AND IMPAIRED DRIVING CHARGES IN KITCHENER

DUI Offences & Impaired Driving Offences in Kitchener (like everywhere else in Canada) include:

  • 80 plus — If you have a blood alcohol concentration of at least 80 milligrams of alcohol for every 100 milliliters of blood, you will be charged with this particular offence.
  • Impaired Driving — Impaired Driving involves an allegation that your ability to operate a conveyance (such as a vehicle) was at least slightly impaired by alcohol or drugs.  Extreme impairment is not required to be charged or found guilty.
  • Refusal / Fail to Provide Breath Sample – This charge is laid where an individual refuses or does not provide a sample after a lawful breath demand is made.
  • Care or Control (Impaired or 80 plus) – You do not have to be found driving or even behind the wheel to be charged or convicted of a DUI in Kitchener, due to the law on “care or control”.  If you are found in the front seat of a vehicle, whether the engine is on or off, you will be presumed to be operating the vehicle.

There are also the offences of 80 Plus and Impaired Driving Causing Bodily Harm or Death, which are serious criminal offences.  Regardless of which DUI offence in Kitchener you are facing, it is important to obtain legal advice regarding your case.

VIRTUAL / REMOTE CASE MANAGEMENT – KITCHENER

At the time of writing this, individuals can appear in the Kitchener Ontario Court of Justice remotely by ZOOM VIDEO for case management appearances, such as a first appearance in court.

To obtain the ZOOM links and information for Kitchener Criminal Court, click HERE

KITCHENER ONTARIO COURT OF JUSTICE – IMPORTANT CONTACT INFORMATION

The Kitchener Ontario Court of Justice is the court level at which all criminal cases that arise in the Kitchener-Waterloo area begin.

Here are some key contacts for your DUI Charge in Kitchener:

  • Kitchener Ontario Court of Justice Address – 85 Fredrick Street, Kitchener, ON
  • Kitchener Duty Counsel Office:  dcc.kitchener@lao.on.ca or 519-578-0869
  • Provincial Crown: cld.west.kitchener@ontario.ca or virtualcrownkitchener@ontario.ca or 519-741-3222
  • Public Prosecution Service of Canada: PPSCKitchenerSPPC@ppsc-sppc.gc.ca
  • Stratford courthouse: Kitchener.OCJ.Courts@ontario.ca or 519-741-3200

SENTENCES FOR DUI & IMPAIRED DRIVING CHARGES IN KITCHENER

If you are facing an Impaired Driving charge in Kitchener, it’s important to know what your legal jeopardy is:

  • FIRST TIME OFFENDERS –
    • For the offence of 80 plus or Impaired driving, a minimum fine of $1,000 and a 12 month driving prohibition
    • For the offence of Refuse Breath Sample, a minimum fine of $2,000 and a 12 month driving prohibition
  • SECOND TIME OFFENDERS –
    • For second time offenders for any DUI offence in Kitchener, a minimum penalty of a 30 day jail sentence and a 2 year driving prohibition applies
  • REPEAT (OR SUBSEQUENT) OFFENDERS –
    • For repeat offenders who already have at least two convictions, a minimum sentence of 120 days in jail and a 3 year driving prohibition applies
  • VICTIM FINE SURCHARGES
    • For any fine that is imposed, an additional financial penalty arises, called a Victim Fine Surcharge, which is always 30% of the total fine issue

DEFENDING DUI CHARGES IN KITCHENER

Experienced DUI Lawyers in Kitchener will leave no stone unturned when representing a client charged with a DUI.  This area of criminal law is highly technical and requires reviewing a case carefully in order to consider whether a client has a legal defence.   Some strategies that DUI Lawyers employ to defend these charges include:

  • Determining whether there is evidence surrounding identification of the client
  • Determining whether there are gaps in evidence surrounding establishing that the client was impaired
  • Determining if the police operated and used the breathalyzer machines according to manufacturer specifications
  • Determining if there are Charter issues whereby one or more of the client’s rights were violated in the police investigation
  • Determining whether the police followed specific investigative rules as set out in the Criminal Code of Canada (for example, whether they obtained breath samples “as soon as practicable”)
  • Determining whether there were any error messages during the taking of breath samples and what those error messages mean for the reliability of seized sample

ANDREW CAPTAN – EXPERIENCED KITCHENER IMPAIRED DRIVING LAWYER

Andrew Captan is an experienced DUI Lawyer in Kitchener and has been practicing for over 10 years as a criminal defence lawyer in Impaired and DUI Law.  Hiring Mr. Captan, you will get the following:

  • Direct contact with an experienced lawyer Impaired Driving Lawyer
  • No delegation of any important legal work to other staff, students or paralegals
  • Accommodating payment plans for individuals who cannot afford paying legal fees in full up front
  • Skilled defence counsel who not only represents individuals charged with DUI offences but also has lawyers as clients who require second opinions for their cases

Call Andrew Captan at (647) 878 – 6355 or visit his website HERE.

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