Can DUI Charges Be Dismissed? Yes,
With the Right Defence

Yes. Dismissals Happen More Often Than You Think

If you’ve been charged with impaired driving, you might feel like your situation is hopeless. Maybe you failed a breath test. Maybe the police report looks stacked against you.

But here’s the truth:
👉 Impaired driving charges are dismissed or reduced all the time.

The key is knowing how to fight back.

👉 Call Bobby Russon, a skilled Windsor DUI lawyer, at (519) 792-9391

✅ Free Consultation
✅ Straight Answers About Your Options
✅ Don’t Plead Guilty Without Talking to a Lawyer First

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Charges Dismissed — Here’s How It Happens

Withdrawn, Dismissed, or Reduced — What’s the Difference?

Withdrawn: The Crown decides not to proceed with the charge. This usually happens before trial, often due to legal issues, lack of evidence, or an alternative resolution. No finding of guilt. No conviction. The charge effectively disappears.

Dismissed: The case goes to court, but the judge throws it out — usually because the Crown failed to prove its case or made a procedural error. Again, no conviction, and the person walks free.

Reduced: Through a plea bargain, the charge is changed to something less serious — like careless driving. You might plead guilty, but to a lesser offence. This can avoid a criminal record or jail time.

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DUI charges are some of the most technical and difficult to prove criminal offences in Canada.

A good DUI lawyer knows how to:

• Spot weaknesses in the Crown’s case

• Challenge police procedures and timelines

• Cross-examine officers on inconsistencies

• Exclude improperly gathered evidence

• Raise Charter violations

Even if you think you're guilty, the law may say otherwise.

👉 You are presumed innocent. Unless the Crown proves every element of the charge, beyond a reasonable doubt, your case could be dismissed.

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🔍 Real Example: (One Flaw Can Change Everything)

A driver failed a breath test and assumed a conviction was automatic. But under cross-examination, the lawyer uncovered that the officer failed to read the demand properly. That one procedural error led to the breath results being thrown out. The charge was dismissed.

A skilled lawyer finds issues the average person would never see.

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💬 What People Say: (I Thought It Was Hopeless — I Was Wrong)

"I was convinced I was done for. I blew over, and I figured pleading guilty was my only option. But my lawyer found multiple problems with the evidence, and in the end, the charge was dropped. I can’t believe how close I came to pleading guilty when I didn’t have to."

A good lawyer can turn what feels like a lost cause into a second chance.

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Breath Tests Aren’t Always Reliable

Even if you failed a breath test, that doesn’t mean the case is airtight.

Breath readings can be challenged based on:

• Machine malfunctions

• Timing and delay issues

• Officer training and procedure

• Medical conditions that affect readings

And remember: a breath test only measures your BAC at the time of the test — not necessarily while you were driving.

👉 Call Bobby Russon at (519) 792-9391 to find out if your test can be challenged.

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Charges Can Be Reduced Through Plea Bargains

If your case isn’t dismissed entirely, a lawyer may be able to negotiate a reduced charge — such as careless driving or a provincial offence instead of a criminal one.

This can mean:

• No criminal record

• Lower fines

• Shorter licence suspensions

• No jail time

But prosecutors don’t offer deals for free. They need a legal reason.

👉 Bobby Russon knows how to find the weaknesses in the Crown’s case that make them negotiate.

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Don’t Try to Negotiate Without a Lawyer

You only get one shot at a plea deal. If you walk in alone, the Crown knows you don’t have leverage.

An experienced lawyer:

• Knows local prosecutors and how they negotiate

• Understands what offers are fair — and which aren’t

• Can recognize when to take a deal — and when to fight

👉 Don’t gamble with your future. Get legal advice first.

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What Can a DUI Lawyer Like Bobby Russon Do?

• Examine the disclosure for legal and technical errors

• Cross-examine police officers effectively

• File motions to exclude evidence

• Raise defences based on timing, rights, or procedure

• Negotiate for a better outcome

• Fight for a withdrawal, dismissal, or reduction

👉 Book your free consultation now by calling (519) 792-9391