What to Know Before You Plead Guilty to Impaired Driving
- Don’t plead guilty because you assume there’s no chance of winning; every impaired driving case is unique.
- A lawyer can review the evidence, police procedures, and your legal rights to identify potential defenses or weaknesses in the Crown’s case.
- Getting legal advice does not mean you have to go to trial, it helps you make an informed decision based on the facts.
- A DUI conviction can affect your career, travel, finances, and future, making it important to understand all your options before pleading guilty.
Why You Should Think Carefully Before Pleading Guilty
You may feel overwhelmed, embarrassed, and eager to put an impaired driving charge behind you. In that state of mind, pleading guilty right away may seem like the responsible thing to do.
One of the biggest misconceptions surrounding impaired driving charges is the belief that no one ever wins these cases. Friends, relatives, or acquaintances may tell you there is no point in fighting the charge. While they mean well, they are not reviewing the evidence, police procedures, or legal issues that could affect the outcome of your case.
Every impaired driving case is different. A lawyer can examine how the investigation was conducted, if your rights were respected, and if there are any weaknesses in the evidence. Without that review, you may be making a life changing decision without all the information.
Fear and Guilt Can Influence Your Decision
Your emotions can also influence your judgment. Fear about your future, concern about your job, and feelings of guilt or shame may push you toward a quick guilty plea. You may believe that accepting responsibility immediately is the right thing to do. Taking responsibility is important, but it should not prevent you from understanding your legal rights.
A useful question to ask yourself is how you would respond if your best friend was facing the same charge. You would probably encourage them to get legal advice before making a decision. You would want them to understand their options and the potential consequences before pleading guilty.
You deserve that same level of care and consideration. Instead of acting out of fear or relying on secondhand stories, take the time to have your case reviewed by someone who understands this area of law.
Getting Legal Advice Does Not Mean Going to Trial
Seeking legal advice does not mean you are committing to a lengthy court battle. After reviewing the facts, your lawyer may advise that there is no strong defence and that resolving the matter is the best option. If that is the case, you can make your decision with a clear understanding of the evidence and the consequences. An informed decision gives you confidence that you have considered every available avenue before moving forward.
When Fighting the Charge is the Right Choice
If the review reveals weaknesses in the evidence, procedural errors, or possible violations of your rights, pursuing those issues may be the responsible choice. Criminal convictions and driving penalties can affect employment opportunities, insurance, travel, family responsibilities, and other areas of your life. Exercising your legal rights is not avoiding responsibility. The justice system requires the Crown to prove its case, and every person has the right to present a full defence. Understanding and exercising those rights is part of the legal process.
FAQs
Should I go ahead and plead guilty immediately after being charged with impaired driving?
No. Before making that decision, you should have a lawyer review the evidence, police conduct, and legal issues that may affect your case.
Does getting a legal opinion mean I have to fight the charge?
No. A legal opinion simply helps you understand your options. You can still decide that pleading guilty is the appropriate choice after receiving advice.
What if I feel guilty about what happened?
Feeling guilty does not mean you should give up your legal rights. You should still understand the strength of the case against you before making a decision that may affect your future.
Admitted to the Alberta bar in 2002, Shannon thrived in the realm of criminal law, particularly in impaired driving and DUI cases. Her dedication has taken her to the Supreme Court of Canada on numerous occasions, highlighting her expertise in impaired driving litigation.
Shannon’s training on various Intoxilyzer models, along with her proficiency in drug recognition for drug-impaired driving, makes her a formidable legal advocate. Her recent passion for Collaborative Family Law showcases her commitment to peaceful resolutions in family disputes.
