DUI Charges in Markham
If you have been charged with impaired driving, over 80, refusal to provide a breath sample, dangerous driving, and care and control in Markham, 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.
Criminal charges in Markham are heard at the Newmarket courthouse, which serves all of York Region. York Regional Police patrols Markham and surrounding communities. Like neighbouring Richmond Hill, Markham has a large and diverse immigrant population, and immigration consequences of a criminal conviction — including inadmissibility, loss of permanent resident status, or deportation — are a critical factor in defence strategy for many clients facing charges.
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 Newmarket
Criminal charges laid in Markham are heard at the Newmarket Courthouse in Newmarket. 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.