Impaired driving in Toronto and pretty much everywhere else in Canada is a severe violation that will result in criminal charges if you don’t do everything you can to find the best Toronto DUI defence through an experienced lawyer. There are three main types of sentencing for impaired driving cases.
- A criminal discharge is where an offender that commits the crime is guilty but hasn’t been given the conviction yet. If you’ve been found guilty of a DUI violation and were over 80 m.g., then you’ve probably faced some conditions that fall under probation. If you don’t follow the conditions set out for you, this is known as a DUI probation violation.
After you have received a criminal discharge, that will stay on your record for the next three years after the probation conditions are met. After the three years have expired, you don’t have to apply for a pardon for that criminal discharge to be taken off.
- Beyond the criminal discharge is the absolute discharge. It is nearly the same as the criminal discharge, but there is no probation involved with it. There aren’t a bunch of conditions that need to be met for the offender to follow. Following a year, the absolute discharge is removed from the person’s record, and no criminal record will be dinged on them either.
- The third one is the probation order. With the probation order, an offender has to follow a certain number of rules throughout a given time period. The judge will give the offender the rules, and the offender has to abide by these rules set out for them. The whole purpose of this is to give the offender the chance to prove that they can be rehabilitated. They are also given a fine.
Probation for DUI
A probationary period is a way for the court to supervise offenders that have just been charged for driving impaired. The offender must follow the conditions set out for them down to the letter. If they aren’t followed, then this is known as a breach of probation. For those that breach their probationary orders, the court is even stricter on them. Breaching a probationary order means that the offender is committing yet another crime.
What Counts As a Probation Violation?
Breaching a probationary violation is pretty straightforward. Basically, you can’t do anything that is specified on the conditions of the probationary order. If the order states that you have to show up in court at a certain date and time, you must be there. If it states that you must not be in possession of any drugs or alcohol for the length of the probationary order, you must adhere to those guidelines.
What Are The Types Of DUI Charges?
- Numerous DUI offences
- Care and control
- Refusing to give a breath sample
- Breathing 80 m.g. and above
- Driving impaired
What Are The Consequences Of A DUI?
- Income loss
- Travel restrictions to certain countries
- Having to pay fines
- Suspension of driver’s license
- Jail time
- Lifelong criminal record
Probation For DUI Charges And Criminal Charges For Violation Probation
A probation violation is a crime that is treated very severely. If you commit a probation violation, you will be dealt with in one of a few different ways:
- You could be charged with what is known as a summary offence.
- You could potentially be charged with an indictable offence.
- The charges could be potentially withdrawn if there isn’t enough evidence.
DUI On Probation
If you’ve managed to get a DUI while on probation, then you should be aware that this is a strong offence. Courts are much stricter on someone who has committed the same offence while on probation. This offence will impact your previous offence and will be considered a breach of probation with the same case. Subsequent penalties will be attached to the record, and more consequences will follow.
If you’re going through probation for DUI and have just breached your probationary order, you must contact a lawyer if you’re to have any hope of things looking positive. Only an experienced and reputable lawyer can help provide you the best Toronto DUI defence that will hope to minimize the charges laid against you.