When you decide to fight your DUI charge, the government has a duty to have your trial completed within 8-9 months, as stated in the Charter of Rights and Freedoms.
Many times however, a trial may experience delays for a number of reasons, prolonging the amount of emotional and often financial stress on the defendant as a result.
Certainly, it is always in the defendant’s best interest to obtain the most qualified and experienced DUI lawyer, such as Brian Ducharme, to ensure their case is expedited most efficiently through the court system.
Under the Charter of Rights and Freedoms, everyone has the right to be tried “within a reasonable time”. This 8-9 month time period begins when the charge is laid and the defendant has hired a lawyer and has received basic disclosure. The Crown then has an obligation to bring the case to trial within the 8-9 months.
Delays by either the Crown or the courts are common. Many times the defense and the Crown are prepared and ready to go to trial, but the courts are unable to accommodate them for a number of reasons. These reasons might include a backlog of court cases, or judges just not being available.
When the defendant’s rights to a fair trial are clearly compromised, an experienced defense lawyer such as Brian Ducharme, is familiar with the process involved in successfully arguing for a dismissal of the charges. A judge will need to examine the reasons for the delay, and the affect it has had on the accused before they make a decision whether or not to grant a stay.
A “stay of charges” is the termination or suspension of the charges and proceedings against the accused. A stay is typically ordered if the rights of the defendant were violated in a way that was serious enough to deny them a fair trial.
In most DUI cases, any delay in trial proceedings cause undue stress to the defendant. In cases tried in the Ontario Court of Justice, with delays of 8-9 months, if your lawyer can demonstrate how the delay has negatively affected your quality of life, the judge may very well foreclose your prosecution.
The right to a trial within a reasonable time ensures those charged with a DUI will not unduly wait for a resolution to their case. It is in these cases, when having expert legal representation like Brian Ducharme, will sway the odds in your favour for a dismissal of your charges. |
