Hamilton DUI PLea Bargain Options
A Detailed Explanation of a Hamilton DUI Plea Deal
Due to the severe and harsh punishments handed out to Hamilton DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI Lawyer.
Accepting A DUI Plea Bargain in Hamilton is Sometimes A Good Option
When lawyers attempt to gain an acquittal, there comes a time in certain cases when it is better to accept a plea bargain of a lesser offence rather than completely losing the case. A DUI plea deal or DUI plea bargain occurs when negotiations are initiated between your lawyer and the Crown attorney and where both sides agree to have the original charges dropped and enter a guilty plea for a lesser offence.
Your lawyer will probably attempt to plea bargain impaired driving charges to a traffic ticket. However, the Crown will not agree to a DUI plea bargain unless there are concrete reasons to believe that there is a major flaw in the case. A reputable Hamilton DUI lawyer makes the best efforts towards proving to the Crown’s attorney that their case is flawed and we always attempt to negotiate for a DUI plea deal.
Entering a DUI Plea Bargain in Hamilton, Ontario
Sometimes it becomes inevitable to avoid entering a DUI plea bargain, although in most cases, your lawyer will attempt to get the charges dropped and that the case gets dismissed. However, even with the best factual scenario, the trial carries with it some inherent financial and personal risks. Apart from negotiating for the best possible sentence, a DUI plea bargain can include working out a guilty plea to a lesser charge.
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The Two Major Ways of Getting a Plea Bargain in Hamilton
There are generally two ways you can get a DUI plea bargain in Hamilton.
- Firstly, when the Crown’s attorney approaches you and your lawyer and offers you to plead guilty to a less serious charge such as reckless driving.
Secondly, when the evidence against you is very strong and you agree to plead guilty to the original charge of DUI in exchange for a less severe sentence than you are likely to receive if the jury is to find you guilty at trial. - A DUI plea bargain can be initiated any time during the pendency of the trial between the Crown’s attorney and your lawyer.
How to Enter into a Hamilton DUI Plea Bargain
The decision to enter into a DUI plea bargain will depend on the Crown’s attorney and the facts of your case. There are two main reasons why the Crown’s attorney would agree to enter into a DUI plea bargain. The first reason would be that your lawyer was able to pinpoint a major flaw in the Crown’s case making it inappropriate to prosecute you. Secondly, when the Crown’s attorney agrees to bargain for a plea to a provincial careless driving instead of a criminal DUI as initiated by your lawyer allowing you to enter a DUI plea bargain.
In Hamilton, Is the Decision to Plead Guilty the Best?
It is important to note that the Crown doesn’t drop the charges right away and neither does it offer a plea bargain. Unless the case is seriously flawed, the Crown attorneys will not offer a plea bargain and you may have to plead not guilty and await trial. However, if your lawyer is able to convince the Crown’s attorneys that there are flaws in the Crown’s case, and feels that it would be in your best interest to enter a plea bargain based on the facts and circumstances of your case, then you may be asked to plead guilty for a lesser charge instead of the decision to plead guilty to DUI.
Differences Between Pleading Guilty to DUI or Pleading Not Guilty to DUI in Hamilton
Most people charged with a DUI offence always assume that they can’t win. This is however not the case since there is a high probability of winning a DUI case. Your lawyer will assess your case and help you decide on the better option between pleading guilty to DUI or pleading not guilty to DUI. With our reputable Hamilton DUI Lawyer you can have your file assessed and we will help you make the best decision. There are several reasons why you should not plead guilty in a DUI offence.
- It is less expensive to fight a DUI case than to plead guilty straight away.
- The Crown’s attorney will not tell you that there are flaws in the case.
- There is usually very less to lose when going to trial.
- Your lawyer may be able to negotiate for reduced penalties even if you decide to plead guilty.
We employ some of the most recognized lawyers in Hamilton and Ontario and we know how to fight a DUI charge. We specialize in DUI offences ensuring we uphold your safety and protection from a DUI conviction. Contact us today for a free consultation.
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
Hamilton DUI Defence Attorney
