GUELPH & WELLINGTON COUNTY • IMPAIRED DRIVING DEFENCE
Guelph & Wellington County • Criminal Defence Lawyer
Charged with impaired driving, Over 80 or refusing a breath test in Guelph or anywhere in Wellington County? Brian Starkman defends drinking and driving charges at the Guelph Courthouse, with a confidential case review as your first step.
CHARGED IN GUELPH OR WELLINGTON COUNTY
Your Charge Is Serious. So Is Your Defence.
Whether you were stopped by Guelph Police in the city or by the OPP on a Wellington County road, an impaired driving charge 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
Guelph Courthouse
Impaired driving charges laid in Guelph and across Wellington County, including Fergus, Elora, Rockwood, Erin, Puslinch, Mount Forest and Arthur, are heard in the Ontario Court of Justice at 36 Wyndham Street South in downtown Guelph.
Guelph has more than one court building. The Superior Court and family court are on Woolwich Street, and traffic tickets go to the provincial offences court at Old City Hall on Carden Street. Criminal impaired driving charges start at Wyndham Street.
If you are not sure where or how to attend, call us before your court date.
36 Wyndham Street South, Guelph, ON N1H 7J5
Courthouse office: (519) 826-4431
Ontario Court of Justice, downtown Guelph.
What to Expect in a Guelph 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
The charge was dismissed after trial.
Shaun J. – March 27 – The defendant was charged with driving over the legal limit for alcohol. The charge was dismissed after trial. I was able to convince the trial judge that the prosecution had not proven the accuracy of the breath readings beyond a reasonable doubt, the standard of proof in all criminal trials.
Driving over the legal limit of alcohol
Plead guilty to the traffic offence
Past results do not guarantee a similar outcome. Every case depends on its own facts.
GUELPH & WELLINGTON FAQ
Guelph & Wellington County Impaired Driving Questions
Where will my Guelph or Wellington County impaired driving case be heard?
In the Ontario Court of Justice at 36 Wyndham Street South, Guelph. That covers charges laid by Guelph Police in the city and by the OPP elsewhere in Wellington County. Check your release paperwork for the address, because the Woolwich Street courthouse and the Carden Street provincial offences court are separate buildings. 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?
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 Milton, Burlington, Brampton, Toronto and communities across Ontario.
CONFIDENTIAL CASE REVIEW
Tell Us What Happened
Send a few details about your Guelph or Wellington County charge and Brian Starkman will review your situation confidentially. Prefer to talk now? Call any time.