Pickering DUI Lawyer: Impaired Driving Defence on the Durham and Toronto Border

Pickering is where Durham Region meets the City of Toronto, and for anyone charged with impaired driving, that line on the map matters more than most people expect. Whether your case is heard in Oshawa or downtown Toronto depends on exactly where the officer pulled you over. As a DUI lawyer Pickering drivers can call around the clock, our team starts by pinning down that detail, then turns to the evidence. Charges laid within Pickering are prosecuted at the Durham Region Courthouse in Oshawa.

Which court hears a Pickering DUI charge?

A charge laid in Pickering is heard at the Durham Region Courthouse in Oshawa. That covers Bay Ridges, Amberlea, Liverpool, Duffin Heights, Rosebank and every other part of the city, since all of Durham Region's criminal cases are handled there.

The picture changes if you were stopped a short distance west. Scarborough is part of the City of Toronto, so a stop on that side of the boundary would usually be prosecuted at the Toronto courthouse. Our page for drivers charged in Scarborough explains how Toronto cases proceed. A stop in Markham is different again, because York Region cases are heard in Newmarket.

Many people assume their case will be heard close to home. It will not necessarily be. Check the court location printed on your release papers, or send them to us and we will confirm it.

Why the police service on your paperwork matters

Three different police services could be involved in a stop in or near Pickering, and each one produces its own set of records.

• Durham Regional Police Service. Responsible for most stops on Pickering streets, including Brock Road and residential neighbourhoods.
• OPP. Patrols the 400-series highways, which here means the 401 and the 407.
• Toronto Police Service. Involved if the stop happened across the boundary in Scarborough.

Knowing which agency investigated you tells us where to send disclosure requests for officer notes, cruiser and booking video, and Intoxilyzer 8000C records and maintenance logs. Gaps in those records can become important later.

How Pickering impaired driving stops begin

On the 401 and the 407

The 401 carries heavy traffic across the south end of Pickering, and the 407 runs across the north. Highway stops typically begin with something the officer noticed about the driving, such as speed or lane position. From there, a roadside screening test may lead to a demand for breath samples at a station. The longer the gap between driving and testing, the more carefully we check whether the samples were taken within the two-hour window the Criminal Code relies on.

On Brock Road and local streets

Brock Road is one of Pickering's main north-south routes, and RIDE checks can be set up on major roads like it. You are more likely to meet one at night, on a weekend or in the weeks before the new year. Stops in quieter areas such as Rosebank or Amberlea tend to start with a specific driving concern or a call from someone who saw the vehicle.

In a parked car

Some Pickering charges start with a driver who was not moving at all, for example sitting in a car in a plaza lot with the engine running. The Criminal Code presumes that a person in the driver's seat is operating the vehicle unless they show they did not intend to drive. The Supreme Court of Canada, in R. v. Boudreault, 2012 SCC 56, added that care or control requires a realistic risk of danger. Our page on care and control charges explains how these cases are defended.

How a DUI lawyer in Pickering tests the evidence

Every file is different, but we work through the same sequence of questions in each one:

1. Was the stop lawful? Section 9 of the Charter protects you from arbitrary detention.
2. Was the roadside demand proper? We check that an approved screening device was used and that the demand was made correctly.
3. Were the grounds for the station demand reasonable? A demand for breath samples into an approved instrument under section 320.28 requires reasonable grounds.
4. Were you given your right to counsel? Section 10(b) requires police to tell you about your right to a lawyer and let you use it without delay, in private.
5. Were the breath samples reliable? We compare instrument printouts with maintenance records and the officers' timeline.
6. Has the case moved fast enough? In R. v. Jordan, 2016 SCC 27, the Supreme Court set 18 months as the ceiling for most Ontario Court of Justice cases.

If a Charter breach is found, the judge may exclude evidence under section 24(2) using the test in R. v. Grant, 2009 SCC 32. Whether that happens depends on the facts.

Charges we defend for Pickering drivers

We defend every type of impaired driving allegation that arises in Pickering:

• Impaired operation, where the Crown alleges your ability to drive was affected to any degree by alcohol, a drug or both.
• Over 80, based on a blood alcohol concentration of 80 mg or more per 100 mL of blood within two hours of driving.
• Refusing a breath or blood demand without a reasonable excuse, which carries a minimum fine of $2,000 on a first conviction.
• Drug-impaired driving, including cannabis cases based on blood THC levels.
• Care or control of a stopped vehicle while impaired or over the limit.

Is a first DUI in Pickering a criminal offence?

Yes. Impaired driving, over 80 and refusal are all Criminal Code offences, so a conviction results in a criminal record, even for a first offence with no collision. The minimum sentence for a first conviction is a $1,000 fine, rising to $1,500 for a reading of 120 to 159 mg, $2,000 for 160 mg or more and $2,000 for a refusal. The court also imposes a driving prohibition of one to three years, and the province adds a one-year licence suspension.

Penalties climb steeply with each later conviction. A second offence brings a mandatory minimum of 30 days in jail, a prohibition of two to ten years and a three-year provincial suspension. A third means at least 120 days in jail, a prohibition of at least three years and a lifetime provincial suspension, which may be reduced after ten years if conditions are met. Prior history is one of the first things we ask about.

After a conviction come Back on Track and a period with an ignition interlock once your licence is reinstated. Our article on how long a DUI stays on your record in Canada explains the record suspension process.

For permanent residents and people in Canada on a permit, a conviction can also lead to immigration consequences, because impaired driving is treated as serious criminality. Tell us about your status early so we can recommend that you speak with an immigration lawyer too.

Working with our team from Pickering

We do not have a Pickering office. We are based at 500 Yonge St in Toronto, and we attend the Durham Region Courthouse in Oshawa for Pickering clients. Consultations take place by phone or video, and documents can be shared electronically, which helps while your licence is suspended.

If you were charged in the neighbouring town to the east, our page on defending DUI charges in Ajax covers the same courthouse from a commuter's point of view. For a Pickering case, call us at 647-370-5179 whenever you need to.