BRAMPTON & PEEL REGION • IMPAIRED DRIVING DEFENCE

Brampton & Peel Region • Criminal Defence Lawyer

Charged with impaired driving, Over 80 or refusing a breath test in Brampton, Mississauga, Caledon or anywhere in Peel Region? Brian Starkman defends drinking and driving charges at the Brampton Courthouse, with a confidential case review as your first step.

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Brian Starkman, Brampton and Peel Region impaired driving defence lawyer

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CHARGED IN PEEL REGION

Your Charge Is Serious. So Is Your Defence.

An impaired driving charge in Peel Region 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

Brampton Courthouse

The A. Grenville & William Davis Courthouse at 7755 Hurontario Street in Brampton is the regional courthouse for all of Peel Region. Impaired driving charges laid in Brampton, Mississauga and Caledon are heard here, in the Ontario Court of Justice, which shares the building with the Superior Court of Justice.

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

7755 Hurontario Street, Brampton, ON L6W 4T1

Courthouse office: (905) 456-4700
Hurontario Street at County Court Boulevard, south of Steeles Avenue.

What to Expect in a Peel Region 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

Driving Over the Legal Limit for Alcohol, Dangerous Driving and Stunt Driving-Driving

Vanessa M. Oct 5 Brampton

The defendant was charged with Driving Over the Legal Limit for Alcohol, Dangerous Driving and the Highway Traffic Act charge of Stunt Driving-Driving More Than 40 kms above the speed limit. The matter went to trial. Both criminal charges were dismissed by the trial judge. I convinced the judge that the evidence of driving was restricted to excessive speed and did not reach the level required to convict on the criminal charge of Dangerous Driving. I also convinced the trial judge that the defendant’s right to counsel was infringed in these circumstances where she expressed dissatisfaction with the advice she received from the Legal Aid lawyer she spoke to but nothing was done by police to address her dissatisfaction. As a result, the trial judge excluded the defendant’s breath readings from evidence and dismissed the Drive Over the Legal Limit charge as well. Unfortunately, the defendant was convicted of the Highway Traffic Act charge of Stunt Driving which carries with it an automatic 1 year drivers license suspension but the defendant avoided a criminal record.

Impaired Driving, Driving Over the Legal Limit for Alcohol and Dangerous Driving

Henry R.-July 6 Brampton careless

The defendant was charged with Impaired Driving, Driving Over the Legal Limit for Alcohol and Dangerous Driving. On the first date set for trial the matter could not be reached due to an overly busy court docket. The matter was rescheduled to a date that was arguably outside the constitutionally mandated period in which criminal trials must be dealt with. I served a motion to have the charges thrown out because of this. Before the motion was heard, the prosecution offer the defendant a plea bargain that he accepted. Rather than proceeding on the criminal charges, the prosecution allowed the defendant to plead guilty to the non-criminal charge of Careless Driving under the Highway Traffic Act for a fine and a period of time wherein he would have to drive with an ignition interlock in his vehicle for a period of time. Once the defendant pled guilty to Careless Driving, all three criminal charges were withdrawn by the Crown.

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.

PEEL REGION FAQ

Brampton & Peel Region Impaired Driving Questions

Where will my Peel Region impaired driving case be heard?

Criminal charges laid anywhere in Peel Region are heard at the Brampton Courthouse, 7755 Hurontario Street, Brampton. That includes charges from Brampton, Mississauga and Caledon. The Mississauga courthouse on Burnhamthorpe Road handles provincial offences such as traffic tickets, not criminal impaired driving charges. Early appearances are usually held virtually.

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 Toronto, Etobicoke, Newmarket, Milton, Burlington and communities across Ontario.

CONFIDENTIAL CASE REVIEW

Tell Us What Happened

Send a few details about your Peel Region charge and Brian Starkman will review your situation confidentially. Prefer to talk now? Call any time.

1-800-799-0899
1-416-236-1053

Charged in Peel Region? Get Answers Before Your Court Date.

Contact Brian Starkman for a confidential discussion about your impaired driving, Over 80 or refusal charge.

Call 1-800-799-0899 Submit Confidentially