DUI Charges in Burlington
If you have been charged with impaired driving, over 80, refusal to provide a breath sample, dangerous driving, and care and control in Burlington, the consequences are serious. A first offence DUI carries a mandatory minimum $1,000 fine and one-year driving prohibition. Second offence: 30 days jail. Third offence: 120 days jail. Maximum: 10 years imprisonment by indictment.
Burlington residents charged with criminal offences will typically have their cases heard at the Milton courthouse, which serves all of Halton Region. For some matters, cases may also be directed to the John Sopinka Courthouse in Hamilton. Halton Regional Police patrols Burlington, and common charges include impaired driving, domestic assault, and fraud. An experienced defence lawyer familiar with both the Milton and Hamilton courts can advise on the best approach for your case.
How We Defend DUI Charges
Every dui case is different, but experienced defence lawyers look for weaknesses in the Crown’s case at every stage. Common defence strategies include:
- Charter challenges to the traffic stop or arrest
- Breathalyzer maintenance and calibration errors
- Right to counsel violations under s. 10(b)
- Challenging the grounds for the breath demand
- Exclusion of evidence under s. 24(2) of the Charter
- Challenging care and control presumptions
The Court Process in Milton
Criminal charges laid in Burlington are heard at the Milton Courthouse in Milton. Your first appearance will typically be scheduled within a few weeks of being charged. At that appearance, your lawyer will receive disclosure (the Crown’s evidence against you) and begin assessing the strength of the case.