I want to talk to you today about resolving a DUI case. How a good lawyer enters in negotiations and what steps they take to get the best possible result for a client. Obviously, the goal of resolving any case is trying to get the charges dropped. Or if we can’t we try and get the lightest sentence possible for impaired driving and that’s assuming the client doesn’t want to go to trial, for example. Okay, so let’s think about this, so first of all, we will get a hold of the police reports and when I get a hold the police report I will sit down with the client, and I’ll go oh, this is a great case you have a good chance of winning or you know, when stuff is pretty good, you have a pretty good chance of winning 50/50. This is a tough case or a RIDE case we’re not going to win. It kind of breaks down in a continuum from really good chance of winning down to zero chance of winning, unfortunately. So, with that in mind, I can now go to the crown, I say, well, now what do you want to do? Well, I want to go to trial because you told me there’s a good chance of winning or 50/50. I said you know what? I may be able to negotiate a careless with this. So, if I go to the Crown Attorney if I’m convinced the crown cannot repair their case, and that’s a bit if. I’ve got to be convinced of that, because sometimes they can. I will, in certain circumstances, if they absolutely cannot repair their case, show them the deficiency and they might offer careless driving or even withdraw the charge. So, what a great result that would be. So that’s for cases that are you know, winning cases. And if the crown says no, well, off to trial we go, we obviously have a good chance of winning. So, let’s take a charge though, on the other end of the scale where god it’s a pretty strong case against you. I’m going to be candid with the client. Still we have to negotiate the best result possible with the crown. We need to present the client’s good background, the good prior character, they’ve got no record, we entered discussions and the crown might be in a jurisdiction where they’ve got a delay problem right so that’s great. We surprisingly have lately in Ontario are getting some careless even stronger cases because that’s a bit of delay problem going on propagated by COVID. Sometimes, yes, sometimes no. But the bottom line is we have to negotiate the lightest possible deal. There’s mandatory minimum sentences for a DUI, that’s oftentimes it could result into crown’s got a good case with high readings, and they’re doing that a lot now. They’re offering pretty good deals due to a kind of a lingering delay problem for trial delay due to COVID. So as a lawyer or DUI case, here’s the bottom line. I’m looking at the cost benefit analysis of proceeding to trial, what are my odds of winning, versus the deal I’m offered and then meeting with the client to figure out what is the best option for them. Now, if the deal offers to drop the charge, that’s like winning a trial and you do it obviously. You always pretty much take a careless driving when that’s offered. That’s a fantastic result too. And oftentimes on a stronger case, especially with high readings, if you could negotiate the mandatory minimum penalty and get the client back drinking, I should say driving excuse me, a little bit irony in that saying that, back driving with an ignition interlock, that’s a great, great result. And clients will often tell me that they thought you know what, I just want to get back driving, get me the middle result and away we go. So that’s the approach we take to resolving DUIs and dealing with the crown and it’s a rewarding business and when we just love that particular business within and thanks very much for watching our videos.
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