TORONTO • IMPAIRED DRIVING DEFENCE
Toronto • Criminal Defence Lawyer
Charged with impaired driving, Over 80 or refusing a breath test in Toronto? Brian Starkman defends drinking and driving charges at the Toronto Regional Courthouse, with a confidential case review as your first step.
CHARGED IN TORONTO
Your Charge Is Serious. So Is Your Defence.
An impaired driving charge in Toronto 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
Toronto Regional Courthouse
Adult criminal cases in the Ontario Court of Justice in Toronto, including impaired driving charges, are heard at the Toronto Regional Courthouse at 10 Armoury Street. The 17-storey courthouse, just north of City Hall, opened in 2023 and brought together criminal courts that used to sit at Old City Hall, College Park, 1000 Finch Avenue West and 1911 Eglinton Avenue East.
If your paperwork lists one of those older addresses, or you are not sure where to go, call us before your court date.
10 Armoury Street, Toronto, ON M7A 0B9
Courthouse: (416) 212-2701
A short walk from Osgoode and St. Patrick subway stations.
What to Expect in a Toronto 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 Toronto Results
Charged with driving over the legal limit for alcohol and driving while using a cell phone
Samantha L.-Jan 6 – The defendant was charged with driving over the legal limit for alcohol and driving while using a cell phone. Both charges were dismissed after a trial. I convinced the judge that the defendant’s right to be free from unlawful detention and unlawful search or seizure was infringed as the arresting officer did not have sufficient grounds to arrest the defendant in the first place. I also convinced the judge that the infringement was serious enough that it justified the exclusion from evidence of the breath readings (which were above the legal limit). As regards the cell phone charge, the prosecutor neglected to proceed on the charge and ultimately withdrew the charge.
Charged with impaired driving, driving over the legal limit of alcohol and failing to remain after an accident
Hossein M. – Jan 14 – The defendant was charged with impaired driving, driving over the legal limit of alcohol and failing to remain after an accident, a non-criminal charge under the Highway Traffic Act. I was able to convince the prosecutor that the defendant’s constitutional rights were infringed in many respects which could cause the prosecution serious difficulties in proving the criminal charges. As a result, a resolution was reached whereby the defendant pled guilty to the failing to remain charge. He received a $400 fine with no suspension of his driving privileges. Once the guilty plea was entered to the traffic offence,
Plead guilty to the traffic offence
Past results do not guarantee a similar outcome. Every case depends on its own facts.
TORONTO FAQ
Toronto Impaired Driving Questions
Where will my Toronto impaired driving case be heard?
Adult criminal cases in the Ontario Court of Justice in Toronto are heard at the Toronto Regional Courthouse, 10 Armoury Street, just north of City Hall. It replaced the criminal courts at Old City Hall, College Park, 1000 Finch Avenue West and 1911 Eglinton Avenue East.
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 Newmarket, Brampton, Milton, Burlington and communities across Ontario.
CONFIDENTIAL CASE REVIEW
Tell Us What Happened
Send a few details about your Toronto charge and Brian Starkman will review your situation confidentially. Prefer to talk now? Call any time.