BRACEBRIDGE & MUSKOKA • IMPAIRED DRIVING DEFENCE

Bracebridge & Muskoka • Criminal Defence Lawyer

Charged with impaired driving, Over 80 or refusing a breath test in Bracebridge or anywhere in Muskoka? Brian Starkman defends drinking and driving charges in the Muskoka courts at Bracebridge and Huntsville, with a confidential case review as your first step.

CHARGED IN MUSKOKA

Your Charge Is Serious. So Is Your Defence.

Whether you were stopped on Highway 11, Highway 118 or a cottage road after a day on the lake, an impaired driving charge in Muskoka puts your licence, your record and often your job at risk, and the clock starts at the roadside. Your licence is suspended right away, your vehicle may be impounded, and you are given a date to appear in court.

Brian Starkman’s practice is built around drinking and driving defence. He reviews how the stop was made, how the breath tests were taken and whether your Charter rights were respected, then gives you a straight answer about your options.

Over 80

A blood alcohol concentration of 80 mg or more per 100 mL of blood within two hours of driving.

Impaired by Alcohol or Drugs

Charges based on an officer’s observations of your driving, behaviour or drug evaluation.

Refusing a Breath Sample

Failing or refusing to comply with a roadside screening or breath demand.

YOUR COURTHOUSE

Bracebridge Courthouse

The Bracebridge Courthouse at 3A Dominion Street is the district courthouse for Muskoka. Impaired driving charges from Bracebridge, Gravenhurst, Muskoka Lakes and the surrounding area are heard here, in the Ontario Court of Justice, which shares the building with the Superior Court of Justice.

Muskoka has a second Ontario Court of Justice location in Huntsville, at 36 Chaffey Street. Your release paperwork shows which courthouse your case is in.

If you are not sure which courthouse you are in or how to attend, call us before your court date.

3A Dominion Street, Bracebridge, ON P1L 2E6

Criminal court office: (705) 645-8793
Huntsville location: 36 Chaffey Street, Huntsville

What to Expect in a Muskoka Impaired Driving Case

1. First Appearance

Your date is on your release paperwork. Early appearances are for case management, not trial, and your lawyer can often appear for you.

2. Disclosure Review

The Crown provides its evidence: breath test records, video and officer notes. This is where Charter and testing issues are found.

3. Resolution or Trial

With the evidence reviewed, you decide whether to fight the charge at trial or pursue the best available resolution.

Your Licence

The roadside suspension and impoundment are separate from the court case and start right away, before any finding of guilt.

TRACK RECORD

Recent Impaired Driving Results

Charged with impaired driving and driving above the legal limit for alcohol

Arie G. – March-11 – The defendant was charged with impaired driving and driving above the legal limit for alcohol. The breath readings were only slightly above the legal limit and I was prepared to argue at trial that the defendant’s right to consult with his counsel of choice had been infringed.  A resolution was reached whereby the defendant was allowed to plead guilty to the non-criminal traffic offence of careless driving for a fine and a requirement that he drive with an ignition interlock device in his car for a period of time.  Once the defendant was sentenced on the traffic charge, both criminal charges were withdrawn.

Driving over the legal limit of alcohol

The defendant was charged with impaired driving and driving over the legal limit of alcohol. Prior to trial, the prosecutor offered a resolution that was accepted by the defendant. The defendant was allowed to plead guilty to the traffic offence of careless driving for a fine and a period of probation and no suspension of his driving privileges. After he pled guilty to careless driving, the prosecutor withdrew both criminal charges.

Plead guilty to the traffic offence

The defendant was charged with impaired driving and driving over the legal limit of alcohol. Prior to trial, the prosecutor offered a resolution that was accepted by the defendant. The defendant was allowed to plead guilty to the traffic offence of careless driving for a fine and a period of probation where he was required to drive with an ignition interlock installed in his vehicle. After he pled guilty to careless driving, the prosecutor withdrew both criminal charges.

Past results do not guarantee a similar outcome. Every case depends on its own facts.

MUSKOKA FAQ

Bracebridge & Muskoka Impaired Driving Questions

Where will my Muskoka impaired driving case be heard?

In the Ontario Court of Justice at either the Bracebridge Courthouse, 3A Dominion Street, or the Huntsville location at 36 Chaffey Street. Your release paperwork shows which one. Case management appearances for both are currently held remotely, which matters if you were charged at the cottage but live in the city.

Do I have to attend every court date in person?

Not always. Many early appearances are case management dates, and in most impaired driving cases your lawyer can appear on your behalf or you can attend virtually. You will need to attend your trial. We will tell you exactly which dates require you.

My licence was suspended at the roadside. Is that part of the court case?

No. The immediate roadside licence suspension and vehicle impoundment are administrative penalties under Ontario law and start right away. The criminal charge is dealt with separately in court, and it carries its own penalties if there is a conviction.

What penalties does a first conviction carry?

A first conviction carries a mandatory minimum fine, which is higher for higher blood alcohol readings, a driving prohibition of at least one year and a criminal record. Insurance costs usually rise sharply as well. Ontario’s ignition interlock program can shorten the time off the road for some drivers.

Can I be charged if I was not actually driving?

Yes. You can be charged if police believe you were in care or control of the vehicle, for example sitting in the driver’s seat of a parked car. Whether the charge holds up depends on the facts, and it is often a strong area of defence.

How soon should I contact a lawyer?

As soon as possible, and ideally before your first court date. Early advice protects your options, and evidence such as video footage is easier to request early.

What if I’ve been charged with another criminal offence?
While impaired driving defence is a key area of Brian’s practice, Starkman Law also represents clients facing a range of other criminal charges, including domestic assault, fraud, theft, sexual assault, firearms offences, arson, extortion, kidnapping and criminal harassment.

If you or someone close to you has been charged with a criminal offence, contact Starkman Law for a free, no-obligation consultation to discuss your situation and explore your legal options. If Starkman Law isn’t the right fit for your case, we can help point you in the right direction.

Also serving Bradford, Newmarket, Toronto and communities across Ontario.

CONFIDENTIAL CASE REVIEW

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Charged in Muskoka? Get Answers Before Your Court Date.

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