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25 Ritson Road North
Oshawa, Ontario
L1G 5P4

 905-725-3564

 905-240-2295

freeconsult@callalawyer.ca

Monday – Friday
8:30 AM to 5:00 PM

After Hours & Weekends By Appointment

Reach Us 24/7
at 1-800-668-1657

Google Rating
4.7
Based on 85 reviews
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BOOK A FREE CONSULTATION

We offer free 30-minute initial consultations to individuals in Ontario. Our criminal defence lawyers are available to review your case at one of our conveniently located offices or meeting places.

Schedule 30-Minute Consultation

OSHAWA OFFICE

Aitken Robertson Criminal Law Office in Oshawa

Aitken Robertson has been providing criminal defence to the people of Oshawa and the Durham region for over two decades. Our Oshawa office typically hosts the largest number of Aitken Robertson employees out of all of our offices in Ontario.

Clients in Oshawa and the Durham region will work alongside lawyers Phil Stiles and Richard Aitken. As a former Crown Attorney with a Master’s Degree in constitutional law, Phil brings a thorough understanding of the criminal procedure to the team. He uses this experience and education to ensure that if any of his client’s Charter rights are violated by the police or Crown, the Court is made aware of it and the evidence obtained is challenged.

All of our lawyers work with founding lawyer Richard Aitken, who brings over 35 years of criminal law experience to his position as a mentor. Richard has dedicated his career to criminal defence with many of his cases focusing on driving under the influence cases. Those facing provincial offences will be defended by paralegal Jami Sanftleben, who remained with Aitken Robertson full time after completing his licensing hours with us. In addition to defending those with provincial charges, Jami assists lawyers with research. Phil is also assisted by, and a mentor to lawyer, Channdeep Singh Nagi, who practiced law in India for 2 years before moving to Canada. His passion for criminal law remained strong throughout his move, and after studying at Osgoode Hall in Toronto he took on a position with Aitken Robertson to become fully licensed in Ontario.

Our Oshawa office is also the primary office of a number of our administrative staff members, including the office manager Madeline Driscoll. Madeline has been with Aitken Robertson since the beginning and oversees all of the day to day operations of the firm, including staffing, finance, documentation and client relations. Although currently working out of our Lindsay office, Susan Cornett acts as Aitken Robertson’s financial administrative assistant, handling clients’ accounts and building custom payment plans for clients in Oshawa. Susan brings fourteen years of experience in policing to the team, after working as an intelligence officer in the United Kingdom before moving to Canada. She has been with Aitken Robertson for over a decade.

Aitken Robertson believes all those who face charges deserve quality, experienced criminal defence regardless of their finances. That’s why we offer free 30-minute consultations, flat rate billing, and interest-free payment plans.

During a free 30-minute consultation a member of our team will discuss the facts of your case with you. Everything you say during this meeting is covered by legal confidentiality. Afterwards, we will let you know what outcomes you can expect if we represent you and what the cost will be. We want you to have all the information necessary to decide to retain us or not.

We can tell you after the consultation what the cost of your defence will be because we use a flat rate billing system instead of the traditional billable hours’ system. Instead of adding up all the time spent working on your case at the very end (which makes the bill unknown until then) we give you a flat rate upfront, and that will be the cost regardless of how many hours we put in. Our team has experienced a wide variety of clients, cases and facts and can estimate how much work your case will take to achieve a desirable outcome. Even if we work more than anticipated the bill remains the same; there won’t be any unknown fees.

If you are worried about paying for a criminal defence team, talk to us about our interest-free payment plans. Rather than paying the entire amount in one or two lump sums, you can make smaller instalments over weeks or months. We can create a custom plan to suit each client based on their financial situation and do not charge any interest. Whether you pay it all upfront or in ten smaller bi-weekly payments to correspond with your paycheck at work, you would be paying the same amount.

If you are facing criminal or provincial charges in Oshawa or the Durham region, reach out to us at 25 Ritson Road North, or call us at 905-725-3564, to book your free 30-minute consultation. We offer meets by “Zoom” or “Meet.” We will happily discuss your case with you and if you are satisfied with the meeting you can retain us so we can begin defending you against the charges as quickly as possible.

Allegations We Defend Against in Oshawa

Drinking and Driving (Impaired Driving)

Drinking and Driving (Impaired Driving)

In Oshawa, as in the rest of Canada drinking and driving, also known as DUI or impairedriving, is a criminal offence. Operating a vehicle while impaired by alcohol or drugs is illegal as is operating a vehicle with amounts of alcohol or drugs in your blood that are over the legal limits. The penalties for these sorts of offences are severe.

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Assaults and Threats

Assaults and Threats

The criminal offence of assault is the act of applying force intentionally, directly or indirectly, to another person without that person’s consent. It is also assault if you accost or impede another person, or beg, while openly carrying a weapon or an imitation weapon.

The criminal offence of uttering threats is committed when someone knowingly utters, conveys or causes any person to receive a threat: to cause death or bodily harm; to burn destroy or damage property; or, to kill poison or injure an animal belonging to any person.

The various types of assaults include:

Domestic Assault

Domestic Assault

Domestic assault involves assault against a spouse, girlfriend, boyfriend, or family member. An aggravating factor in this type of assault is the “breach of trust” which occurs. This aspect separates it from common assault.

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Related Content
Sex Assault

Sex Assault

Sex assault is an indictable offence. It includes a range of actions, including unwanted sexual touching, kissing, groping and intercourse. If you are convicted of this offence, jail time will be one of the consequences.

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Internet Crimes

Internet Crimes

In Oshawa, internet crimes, also known as cybercrimes, are criminal offences that utilize internet technology to commit unlawful acts. The incidents that fall under this category of crime include impersonation, identity theft, cyber-bullying, child luring, child pornography, and revenge porn.

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Child Sex Assault

Child Sex Assault

Child sex assault is a sexual assault on a person under the age of 16. Other related sexual offences involving children include, sexual interference, invitation to sexual touching, sexual exploitation, bestiality in presence of or by a child, and luring a child. Force, intimidation, and deception are often used to exert control. The penalties for any of these offences are severe.

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Bail Hearings

Bail Hearings

A bail hearing is provided after the accused has been arrested and charged with a crime. The purpose of the bail hearing is to establish whether jail or a provisional release is sufficient.

Generally, it’s the Crown’s job to convince the court that the person should be kept in jail pending the outcome of his or her case. But in some cases, the onus is reversed and the arrested person has to convince the court that he or she should not be kept in jail while the case makes its way through the court process. The judge or justice of peace makes the final decision.

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Related Content
Dangerous Driving

Dangerous Driving

Dangerous driving/dangerous operation occurs when someone operates a vehicle in a manner that is dangerous to the public. This is a serious offence that carries the potential for severe penalties.

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Driving While Prohibited

Driving While Prohibited

Driving while prohibited or driving while disqualified is the offence of driving while under a court order not to because you were convicted of a criminal offence that carries a driving prohibition as one of its penalties, for example a DUI offence. The penalties for this offence usually include jail.

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Drugs

Drugs

Drug-related charges are very varied and include crimes related to possession, drug manufacturing, and delivery. The outcome for drug charges in Oshawa will depend on factors such as the type of drug and its quantity.

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Breaches

Breaches

Breaches of probation or breaches of bail are criminal offences with significant consequences. A breach is a failure to adhere to court orders and any stipulated conditions.

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Weapons

Weapons

Weapons offences include: using firearms to harm others, possessing illegal firearms and unsafe handling of legally owned firearms. Aside from firearms, other objects are classified as weapons. These include brass knuckles, and switchblades.  Things that may normally have a perfectly legal use, such as knives, can in some circumstances be considered weapons. Convictions for weapons charges usually result in very severe penalties (although certain recent changes to the law have eased the penalties a little).

Break and Enter and Property Crimes

Break and Enter and Property Crimes

Break and enter is the crime of breaking and entering into a place with an intent to commit an indictable offence or actually committing an indictable offence in the place. It is a serious offence with serious consequences. Property offences include arson, burglary, vandalism, theft of personal property, and motor vehicle theft.

Young Offenders

Young Offenders

Youth under the age of 18, specifically those 12-17, who commit criminal offences are dealt with under the Youth Criminal Justice Act (YCJA). Offences typically committed by young offenders can include shoplifting, assault, and vandalism.

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Our Team In Oshawa

Criminal Lawyer Richard Aitken

Richard Aitken

Managing Lawyer
With over 35 years practicing criminal law under his belt, Richard Aitken not only continues to handle his cases but assists the rest of his team with their cases daily. Richard has focused much of his practice on drinking and driving offences and is so passionate about this field of law he owns his own Initializer 8000TM, the instrument used by Ontario police for testing blood alcohol levels.
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Phil Stiles - criminal defence lawyer

Philip Stiles

Lawyer
As a former Crown prosecutor, Mr. Philip Stiles brings a wealth of knowledge and experience to the Aitken Robertson team. Taking on files in Peterborough, the Kawarthas, and Oshawa, Mr. Stiles serves as counsel to those charged with criminal offences.
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Channdeep Singh Nagi

Channdeep Singh Nagi

Lawyer
Channdeep takes a client-centric approach to his work and is always on the lookout for any infirmity in the prosecution’s case. He reassures clients that they are being taken care of and believes this is an indispensable part of practicing criminal law.
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Jami Sanftleben - Paralegal

Jami Sanftleben

Paralegal
Hi there, my name is Jami. I am the main litigation paralegal at Aitken Robertson. I appear in Provincial Offences Act matters in all courts in all of Ontario. I also represent people before administrative bodies such as the Licence Appeal Tribunal in regards to various types of licence suspensions. I always fight for the best results for our firm’s valued clients. If you would like to get in touch with me, feel free to call us toll-free at 1-800-668-1657 today, or fill in a form on our firm’s website to book a free 30-minute consultation.
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Frequently Asked Questions

It depends on a lot of factors: what you’re charged with, the evidence the Crown has, what outcome you want if you want to go to trial, etc. It’s impossible to give you a figure without first talking to you about your case. Contact us for a free consultation and we’ll use that information to let you know what the cost will be.

We definitely can. If you can’t make it to our office during business hours or you would just prefer to talk over the phone instead of face to face let us know and we can set up a phone meeting. We can also meet you virtually using Zoom or Google Meet.

You might not have to! Once you retain us as your lawyers we can go to most of the court dates on your behalf. Many of those court dates are for administrative purposes like updating the court on the status of meetings with the Crown. We can handle that for you. If there is a day you need to be in court we will let you know in advance.

Assuming your case is unwinnable without first talking to a lawyer is like assuming an illness is untreatable without first talking to a doctor. Our experience lets us see aspects of the case you might not be looking for that could lead to a win for you. For example, you might be worried that because the police tested you above the legal limit for driving there is no way to challenge that evidence. However, if the police did not follow proper procedure and violated any of your rights while obtaining this evidence, we can request the court deem the evidence inadmissible. If that evidence is unusable by the Crown their case might become unwinnable and they could withdraw the charges entirely. A consultation with our team is completely free and you should at least hear what we think of your case in that consultation before jumping to conclusions.

Just west of our office on King St East, you’ll find a Tim Hortons, a Pizza Pizza, Riley’s Pub and Smoke’s Poutinerie. There are plenty of options, but just a reminder that food and drink aren’t allowed in the courtroom!

The nearest place to have an Interlock Ignition installed is 5KM from our office:
Speedy Glass
1520 Dundas St East, Unit A
Whitby, ON
L1N 2K7

Oshawa Courthouse Information

Oshawa courthouse is located at 150 Bond Street East. Its hours of operation are:
Monday – Friday, 8:30 a.m. – 5 p.m.

The public counter hours are open between 9 a.m. – 11 a.m. and 2 p.m. to 4 p.m. This counter is for general inquiries and other court-related services.

If you come here by car, there are parking spaces nearby for your convenience. Some of them include:

Each courtroom will periodically take a recess, including lunch, morning and afternoon breaks; though it is left to the judge to decide when these breaks are suitable. For this reason, breaks can happen at different times. The timing is not consistent.

However, when you do go on your breaks, there are quite a few restaurants nearby that you can pop into if you have time. These include:

If your time is limited, you can pop into the Tim Horton’s located right in the courthouse.

The lawyers at Aitken Robertson are very knowledgeable about all court processes and will help you navigate the court system effectively. For further information on the Oshawa courthouse, click here.

Oshawa Area Criminal Law Resources

Oshawa Superior Court of Justice

150 Bond St East
Oshawa, ON
L1G 0A2
Telephone: 905-743-2630

Oshawa Ontario Court of Justice

150 Bond St East
Oshawa, ON
L1G 0A2
Telephone: 905-743-2640

Whitby Traffic Court

655 Rossland Rd East
Whitby, ON
L1N 0B3
Telephone: 1-866-779-8839

Oshawa Courthouse Accessibility Coordinator

150 Bond St East
Oshawa, ON
L1G 0A2
Telephone: 905-743-2691

Oshawa Crown Attorney’s Office

150 Bond St East
Oshawa, ON
L1G 0A2
Telephone: 905-743-2700

Victim Services

Telephone: 905-743-2790

Durham Community Legal Clinic

200 John St West, Unit B1
Oshawa, ON
L1J 2B4
Telephone: 905-728-7321

Crime in Oshawa

Much like several other towns in Durham Region, Oshawa is located along the shoreline of Lake Ontario. It is also one of the largest cities in this municipality.

Oshawa’s population is robust and is steadily increasing as home-buyers from Toronto are attracted to the area by the more affordable cost of houses.

Additionally, Oshawa has excellent recreational amenities with both indoor and outdoor activities. Parks such as Lakeview Park East Beach, trails, museums, and shopping centres are just some of the conveniences to consider. Overall, Oshawa is a great place to reside in and visit.

Crime is a common occurrence, happening in every town in or around the GTA. In 2010. Maclean’s magazine rated 100 Canadian cities from the number one most dangerous city to the least dangerous.1

Oshawa combined with Whitby & Ajax was ranked 81, which is just 19 cities shy of 100. Caledon, ON was ranked 100 and was therefore considered to be the safest in Ontario. Still, based on the ranking, Oshawa ranks relatively high for safety based on this report.

Another article indicated that “more than 90% of the Oshawa residents confessed that they have someone they can count on in their closest neighborhood.” Hence there is a sense of safety and community in Oshawa, which is another reason for its growth. 2

What Is the Rate of Crime in Oshawa?

According to Durham Region news, the entire region has seen an upsurge in crime. Oshawa specifically has witnessed a rise in crime the downtown core.

There have been increases in assaults and “open-drug trafficking” as drug dealers have been “attacking the vulnerable” in the downtown core. Additionally, a rise in trespassing, public urination and defecation has also been problematic.3

Many individuals and business owners have noticed more homeless persons committing crimes. Oshawa’s mayor stated: “People are scared of walking from their business to their vehicles, day or night. Business owners are witnessing individuals urinating and defecating on doorsteps and in parking lots, and drug paraphernalia is being found daily around their places of business.”

Due to the pressures of COVID-19, homelessness has spiked in Oshawa. As a result, the incidence of the types of crimes mentioned here has increased. It has also been noted that human trafficking has been an issue. Individuals seeking help with mental health and addiction issues in Oshawa “are being victimized by people of the criminal element.”4

What Initiatives Are Being Taken in Durham to Minimize Crime?

Despite these initiatives, requests and appeals have been made to handle the influx of crime in Oshawa. These requests have been for increased surveillance, a closed-circuit TV system, and more police patrol by foot and vehicle.

If approved, it has been reported that such initiatives would be funded through Durham Regional Police Services’ annual budget. In the interim, businesses have chosen to escort clients to their cars, and the City of Oshawa has hired private security.”5


 Footnotes

  1. Maclean’s October 14, 2010. “Canada’s Most Dangerous Cities: The Rankings.” Macleans.ca, November 22, 2017. https://www.macleans.ca/news/canada/the-good-bad-and-ugly/.
  2. “Moving to Oshawa – What’s to Know?: High Level Movers.” Toronto High Level Movers, November 2, 2021. https://highlevelmovers.ca/moving-to-oshawa-whats-to-know/#:~:text=As%20a%20result%2C%20the%20crime,great%20perk%20for%20every%20parent.
  3. Mitchell, Jeff. “’Influx of Criminality:’ Mayor Calls on Police for Help in Dealing with Spike in Crime in Downtown Oshawa.” thestar.com, September 15, 2020. https://www.thestar.com/news/gta/2020/09/15/influx-of-criminality-mayor-calls-on-police-for-help-in-dealing-with-spike-in-crime-in-downtown-oshawa.html.
  4. Rosen, Brittany. “Oshawa, Ont., Mayor Pleads for Help from Police to Manage Downtown Safety Concerns – Durham.” Global News. Global News, September 14, 2020. https://globalnews.ca/news/7334437/oshawa-mayor-pleads-police-safety-concerns/.
  5. Ibid.

Recent Oshawa Cases & Success Stories

CASE STUDY: Roadside Breath Refusal

In the Court’s judgment, the court agreed with Mr. Marchand’s argument that the observations by police did not reach a threshold suspicion to authorize a demand for a breath sample into an Approved Screening Device.

CASE STUDY: Impaired Care or Control and Care or Control Over 80 in Oshawa

Given that the Crown was unwilling to withdraw the charge, the very clear goal in this case was simply to show the trial judge that Mr. E. had no intention of moving his vehicle from its resting point in the visitor’s parking of the townhouse complex.

CASE STUDY: Charges Withdrawn – Over 80

Mr. C experienced what many of us have in the past; an argument with his partner. At the time he was only a few minutes from his house at a local bar. He wanted to return home quickly due to the fight, so he finished his beer, got in his car, and began to drive home.

CASE STUDY: Conditional Discharge – Assault Causing Bodily Harm

An accused that agrees to participate in counselling, community service hours, and agreements to uphold the peace, saves the government money and helps put the accused back in society where they can be a productive citizen.

CASE STUDY: Charges Withdrawn – Drug Trafficking

Mr. P had lived in Canada since the early 2010s but was not a full citizen. A criminal conviction could result in his deportation. He had a personal and professional life for himself here, including family members, and did not want to be forced to leave.

CASE STUDY: Plea Down to Careless Driving – Over 80

Mr. W’s position as a hockey coach, his new job, and his future goals to start a business and own a home were at risk. He’d been convicted for the same offence once before and knew a second conviction could be worse.

CASE STUDY: Acquitted – Refusal to Provide Breath Sample

The Charter of Rights and Freedoms is very clear in its protection of a person’s right to contact a lawyer upon arrest.

CASE STUDY: Plead Down to Non-Criminal Charge in Oshawa – Over 80

Dan Lemaire’s familiarity with Charter rights often serves as a major asset for his clients, and Ms. C is a perfect example of this.

CASE STUDY: Evidence Inadmissible and Charge Dismissed – Over 80

The evidence collected after Mr. M told the officer he accepted duty counsel as his representation was deemed inadmissible, and the charges of over 80 were dismissed. Mr. M left the courtroom that day without fear that a criminal record might harm his business or his family.

CASE STUDY: Sexual Assault

The sexual assault charge was withdrawn at the request of the Crown. Mr. F entered into a s. 810 peace bond which essentially required him to have no contact with the complainant for a period of one year.

CASE STUDY: Obtaining Sexual Services for Consideration from a person under 18

Mr. O was charged in Oshawa with one count of Obtaining Sexual Services for Consideration from a person under the age of 18.

CASE STUDY: Impaired Operation and Over 80-No Conviction

Less than one week before trial the Crown ceased with the prosecution and offered to withdraw Ms. H's charges for a plea to a Highway Traffic Act offence of careless driving.

What Oshawa Clients Say About Us

Criminal Lawyer (Review)

Rating: 5

“It’s never a nice feeling having to choose a criminal defence lawyer, but a quick google search will show the team at Aitken and Robertson to have the highest ratings in the Oshawa area.

I was able to meet directly with Richard himself within a week of my first call to the office. He was professional and was able to alleviate many worries I had about my charges. Richard set some realistic goals based on previous cases he worked. Over the next couple weeks, Richard and his team reached a deal beyond my initial expectation.

My matter was ended within 6 weeks of receiving the charges. I only had to make one appearance and the team took care of the rest. I’d like to give a special thanks to Richard, Madeline, and the team of paralegals that worked on my case. They achieved the best possible outcome and I cannot thank them enough.

I truly hope I don’t find myself needing his services again, but I’d 100% recommend these guys to anyone who finds themselves in a difficult legal situation.”

Over 80 mg Reduced to Careless Driving – Ajax

Rating: 5

“I  was charged with over 80 in December last year in Ajax. I hired Richard Aitken in Aitken Robertson. I was very relieved when I got careless. The price is very reasonable for the charge. The firm’s staff is very pleasant, friendly and always available for questions I had. When I was charged I was very stressed. Richard Aitken put my mind at ease and addressed the situation in clear, and professional manner.”

Criminal Offence Reduced – No Criminal Record

Rating: 4.5

“I was charged with blood alcohol over 0.8 in Oshawa, Ontario. It is the first that I have been charged or arrested. After doing a lot on-line research I found Aitken Robertson. The reviews were excellent, so I contacted the hotline. I had an immediate response in 15 minutes. They were professional, quick and responsive and they ended up getting my charge reduced. I would recommend their services to anybody.”

Over 80mg Reduced to Careless Driving

Rating: 5

“I was charged with over 80 in Pickering, Ontario and the matter was brought up in Oshawa Court. Richard Aitken of Aitken Robertson was able to get that reduced to a careless driving traffic ticket and $500 fine. I am very happy with the result as I avoided criminal conviction and it doesn’t affect my career. The price was fair for the result I obtained. I would highly recommend the firm.”

Possession of an Illegal Drug

Rating: 5

“On August 19, 2014, I was charged with possession of an illegal drug in the City of Whitby, Ontario. I contact Mr. Aitken right away regarding the matter. We discussed the matter over the phone, where he presented me with my options. I told him what I wanted, which he said was possible. The Crown was looking for a guilty plea with a fine but Mr. Aitken was able to have the fines dropped to nothing and my case was then withdrawn by the Crown. I do find that Mr. Aitken’s rates were fair for the matter that was presented. I would refer this law firm anytime.”

Impaired Driving and Over 80 Charges

Rating: 4.5

“I was charged in Port Perry, Ontario with Impaired Driving and Over 80 mg in June of 2014. Mr. Richard Aitken was the lawyer that dealt with my case. Due to my prior three DUI convictions, the Crown was seeking a prison term somewhere in the range of 60 days. Richard was able to get it reduced down to house arrest, a 5-year driving suspension and 3 years probation. Richard was knowledgeable and did not leave any of my questions unanswered or leave me confused. Aitken Robertson was very professional and fairly expedited and I would recommend them to anyone.”

Driving While Suspended

Rating: 5

“Recently, while travelling on Hwy 401 near Whitby, I was charged with driving while suspended. This was very traumatic. I was very unsure of my future. The arresting officer suggested that jail time was a very good possibility. Through investigations, I was directed to Aitken Robertson Criminal Lawyers. I met with Mr. Aitken and from our first meeting, he guided me through the entire process. He was helpful, straightforward and continued to remind me of my options. It was suggested the I plead guilty.

The entire Aitken Robertson Team always treated me with professional courtesy. Mr. Aitken, confirmed that jail time would be requested from the Crown and I did plead guilty. During sentencing, the crown did ask for jail time and a further suspension but Mr. Aitken asked for a one year driving suspension and a fine. Ultimately, Her Honour agreed.

I am very thankful for the efforts put into my case by this team. The fees are very reasonable and worth every penny.”

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We're here for all criminal offences including sexual offences, driving offences, violent offences, white collar crime and drug offences.