DUI Charges in Oshawa
If you have been charged with impaired driving, over 80, refusal to provide a breath sample, dangerous driving, and care and control in Oshawa, 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 Durham Region Courthouse at 150 Bond Street East serves all of Durham Region, including Oshawa, Whitby, Ajax, Pickering, and Clarington. Durham Regional Police handles law enforcement for the region. The courthouse handles both Ontario Court of Justice and Superior Court of Justice criminal matters. Ryan Handlarski regularly appears at the Oshawa courthouse and is familiar with the local Crown Attorney's office and court procedures.
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 Oshawa
Criminal charges in Oshawa are heard at the Durham Region 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.