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DUI jury

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A group of lay ordinary persons who try issues of fact. The answer to the question of whether a trial will be by judge alone or judge and jury depends on whether or not a jury trial is available according to the law in the particular state or province.

If a jury trial is available, one needs to consider the functions of the judge and the jury. Generally the judge makes determinations of law and the jury makes determinations of fact.  

 

 

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Ontario                                                      Edit this Entry                     Cases for this Ontario paragraph

In Ontario, as in all of Canada, the offences of impaired driving and over 80 generally proceed by summary conviction procedure and so trials are generally before a judge alone sitting in the Ontario Court of Justice. In cases whwere the individual has a long criminal record or there are very serious facts the Crown attorney may decide to elect to proceed by indictment and the matter will be tried in the Superior Court of Ontario. In the latter case a jury is a possibility, but is most unusual.

Canada                                                      Edit this Entry                     Cases for this Canada paragraph

Jury trials in Canada are available only for indictable offences and hybrid offences where the Crown elects to proceed by indictment.

The Canadian Charter of Rights and Freedoms guarantees a jury trial for indictable offences with a maximum punishment of 5 years or more.

For procedure in jury trials see Part XX of the Criminal Code.

Section 553 of the Criminal Code provides a list of offences which will not be tried by a jury even if they are indictable. Section 469 of the Criminal Code provides a list of offences which will always be dealt with in Superior Court and probably with a jury. There are very many indictable offences not listed in section 553 or 469 for which the accused may choose (election of accused) where he or she wants to be tried - provincial court, superior court judge alone or superior court judge and jury.

 

 

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DUI Law: Words, Concepts, Issues, Terminology, and Ideas

DUI Law: Information For Expression and Peer Review by Law Students, Articled Clerks, and Students-at-Law

Constructive Peer Review is Encouraged By and Among Judges, Lawyers, and Forensic Scientists and Technologists- Click an Add, Edit, or Update Link to Participate

This DUI Law page is for expression by students of law and forensic science in understanding and peer reviewing important DUI Law: concepts, words, issues, and ideas. This site is not intended to provide DUI legal advice to the public. Members of the public with DUI law questions should consult and retain a DUI lawyer or attorney for proper legal advice. Because this information comes from many sources who may not be DUI law lawyers or attorneys and because this site does NOT contain solicitor-to-client personalized advice it would be unsafe to rely upon this information. This database was developed by Stephen R. Biss, Barrister & Solicitor, who practices law in Mississauga, Ontario, Canada.

 

DUI Law: List of Words, Concepts, Issues, Terminology, and Ideas 

Criminal Law: List of Words, Concepts, Issues, Terminology, and Ideas 

Charter of Rights Law: List of Words, Concepts, Issues, Terminology, and Ideas 

Youth Court Law: List of Words, Concepts, Issues, Terminology, and Ideas 

Family Law: List of Words, Concepts, Issues, Terminology, and Ideas 

For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein. Advertisement. The participants do not practice in association. WARNING: All information contained herein is provided by students of the law for the purpose of discussion and peer review only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.
Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A are "approved instruments" in Canada.
Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC is an "approved screening device" in Canada.
Datamaster®  is a registered trademark of National Patent Analytical Systems, Inc.  The BAC Datamaster® C  is an "approved instrument" in Canada.

 

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