ORANGEVILLE & DUFFERIN COUNTY • IMPAIRED DRIVING DEFENCE

Orangeville & Dufferin County • Criminal Defence Lawyer

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

CHARGED IN DUFFERIN COUNTY

Your Charge Is Serious. So Is Your Defence.

Whether you were stopped on Highway 10, Highway 9, Airport Road or an Orangeville street, an impaired driving charge in Dufferin County 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

Orangeville Courthouse

The Orangeville Courthouse at 10 Louisa Street is the courthouse for the County of Dufferin. Impaired driving charges laid in Orangeville, Shelburne, Grand Valley, Mono, Mulmur, Melancthon, Amaranth and East Garafraxa 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.

10 Louisa Street, Orangeville, ON L9W 3P9

Criminal court office: (519) 941-5802
Downtown Orangeville.

What to Expect in a Dufferin County 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

Impaired driving and driving over the legal limit for alcohol

Richard F. – March 18 – The defendant was charged with impaired driving and driving over the legal limit for alcohol.  On the date set for trial, the matter could not proceed as the trial judge was ill that day.  Rather than adjourn the matter and run the risk that the matter might go beyond the period within which trials are constitutionally-mandated to conclude, the prosecution agreed to a resolution.  The defendant was allowed to plead guilty to the non-criminal traffic offence of careless driving for a fine and a period of 6 months when his driving privileges were limited to work purposes and some other exceptions.  After the defendant pled guilty to careless driving, both criminal charges were withdrawn.

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

Michael B. – April 8 – The defendant was charged with impaired driving and driving over the legal limit for alcohol after he caused a motor vehicle accident.  His readings were just above the legal limit and although he had a previous conviction for drinking and driving, it was very dated.  There was a concern by the prosecution that the matter could not be tried with the time frame required by the Canadian Charter of Rights and Freedoms (within 18 months of the charges being laid) so a resolution was reached.  The defendant was allowed to plead guilty to the non-criminal traffic offence of careless driving for a fine and a period of time where he had to drive with an ignition interlock device in his car.  Once the plea was entered both criminal charges were withdrawn.

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.

DUFFERIN COUNTY FAQ

Orangeville & Dufferin County Impaired Driving Questions

Where will my Dufferin County impaired driving case be heard?

Criminal charges laid anywhere in Dufferin County are heard at the Orangeville Courthouse, 10 Louisa Street, Orangeville. That includes charges from Shelburne, Grand Valley, Mono and the surrounding townships. If you were stopped just over the line in Caledon, your case is in Peel Region and goes to Brampton instead. 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 Brampton, Guelph, Bradford, Toronto and communities across Ontario.

CONFIDENTIAL CASE REVIEW

Tell Us What Happened

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

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Charged in Dufferin County? Get Answers Before Your Court Date.

Contact Brian Starkman for a confidential discussion about your impaired driving, Over 80 or refusal charge.
Call 1-800-799-0899Submit Confidentially