DUI Charges in Whitby
If you have been charged with impaired driving, over 80, refusal to provide a breath sample, dangerous driving, and care and control in Whitby, 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 from Whitby are heard at the Durham Region Courthouse in Oshawa at 150 Bond Street East. Durham Regional Police patrols Whitby and surrounding communities. Cases from across Durham Region — including Whitby, Oshawa, Ajax, Pickering, and Clarington — are all heard at this courthouse. Common charges include domestic assault, impaired driving, drug offences, and theft.
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 laid in Whitby are heard at the Durham Region Courthouse in Oshawa. 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.