DUI Paralegals, Over 80 Paralegals, Excess Alcohol Paralegals, Impaired Driving Paralegals, Failure to Blow Paralegals?
Can paralegals defend a DUI charge in Ontario?
This is what the Law Society of Upper Canada says at their web site about what licensed paralegals can do in criminal court:
"You have been charged with a criminal offence. Who can represent you?
LAWYER OR PARALEGAL.
Lawyers or paralegals can represent you in the Ontario Court of Justice if you are charged with a minor criminal offence, as long as the maximum term of imprisonment for the offence is not more than six months. Examples of this type of offence include causing a disturbance and harassing phone calls. They also include theft under $5,000, and assault and mischief to private property if the Crown Attorney elects to proceed by way of summary conviction, which is a less serious method of proceeding.
Lawyers can represent you on any criminal matter and must represent you if the offence has a maximum penalty of more than six months' imprisonment."
The Criminal Code of Canada in section 255(1)(c) says the following is the maximum penalty for a DUI charge:
"c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than 18 months."
Paralegals cannot therefore defend you in DUI Court in Ontario.Only lawyers can defend DUI charges. You must therefore retain a lawyer for a DUI charge, not a paralegal.