DUI Charges in Hamilton
If you have been charged with impaired driving, over 80, refusal to provide a breath sample, dangerous driving, and care and control in Hamilton, 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.
The John Sopinka Courthouse at 45 Main Street East is Hamilton's criminal court, named after the late Supreme Court of Canada Justice John Sopinka. Hamilton Police Service patrols the city, and the courthouse handles both Ontario Court of Justice and Superior Court of Justice criminal matters for the Hamilton-Wentworth area. Hamilton has an active Crown Attorney's office, and the courthouse processes a wide range of criminal charges from across the region.
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 Hamilton
Criminal charges in Hamilton are heard at the John Sopinka Courthouse. 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.