Criminal Defence Lawyer Calgary

Repeat Offender Gets Only 4 Months for 6th Impaired Conviction

  • 15 April 2015
Charge(s):

CC: s.253(1)(a) – Impaired driving, s.253(1)(b) – Driving with blood alcohol level over .08%, s.254(3)(5) – Refusal to provide a breath sample.

Allegations:

My client was down from Cold Lake to spend time with family and to attend the annual Tsuu Tina Pow Wow. At 3:00 am, he was observed by police to be driving his pick up truck erratically. The police attempted to pull him over. He slowed down and pulled over onto the shoulder initially, but then sped up again. The police pursued him at a high rate of speed, with the emergency lights activated and air horn engaged. He eventually pulled over and was stopped by two police vehicles. He was extremely intoxicated and police observed open beer in the vehicle. There were warrants for his arrest relating to impaired driving charges from 2 months prior, as well as failing to attend court.

Result:

My client has a very long and related criminal record, which includes serving a combined total of 85 months in prison (just over 7 years), since 1988. His most recent conviction was for impaired driving, dated one month prior to this incident. This was his 6th impaired driving conviction. The Crown was initially seeking 6 to 9 months, but I negotiated them down to only 4 months, which is the statutory minimum for a 3rd conviction. This being his 6th impaired, he got a sweet deal.…

Hit and Run Ends With a Small Fine

  • 15 April 2015
Charge(s):

TSA: s.69(1)(a) – Hit and Run, s.71(1) – Fail to Provide an Accident Report, s.50 – Fail to Merge Safely, s.167(1)(a) – Fail to Produce Driver’s Lcence, s.167(1)(b) – Fail to Produce Registration, s.167(1)(c) – Fail to Produce Insurance

Allegations:

While merging onto Deerfoot Trail in rush hour traffic, my client slowly drove into another driver’s lane, forcing the driver to move as far onto the shoulder as possible and up onto a median. My client continued to force his way into this lane and ultimately drove iinto the side of this vehicle. After merging onto Deerfoot, the vehicle that he crunched pursued him, trying to get his attention. However, he simply laughed at the driver and kept on driving. The complainant reported the incident to the police, providing a detailed description of his appearance, his vehicle and licence plate number. There was also another witness. The investigating officer tried, without success, to track him down until several months later.

Result:

On the day of trial, after meeting with all of the witnesses, I negotiated plea to only a couple of minor tickets and he paid a small fine.…

Criminal Charge Withdrawn for Plea to Traffic Ticket

  • 15 April 2015
Charge(s):

CC: s.259(4) – Drive While Disqualified, TSA: s.54 – Driving Without Insurance

Allegations:

My client was prohibited from driving anywhere in Canada, as a result of two separate convictions for Impaired Driving in Ontario. My client was pulled over, while driving in Calgary, for a traffic violation. That’s when the officer discovered that he still had one year remaining on his driving prohibition. My client was argumentative with the police throughout and continuously asked to be given a break. He even asked the police officer if there was anything that he could do for him or a family friend that would get him out of these charges.

Result:

After extensive negotiations, I persuaded the Crown to withdraw the criminal charge, which carries a typical penalty of jail for 30 days, in exchange for a plea to the Traffic Safety Act violation of driving without a valid licence, with a fine of only $500, instead. A couple of weeks later, I then successfully persuaded the traffic Crown, on the day of trial, to withdraw the no insurance ticket, which carries a minimum fine of $3,250.00). No criminal convictions.…

Impaired Driver Found Not Guilty After Trial

  • 15 April 2015
Charge(s):

CC: s.253(1)(a) – Impaired Driving, s.254(2) – Refusing/Failing to Provide a Breath Sample

Allegations:

My client and her husband rented a hotel room for a romantic night away from their kids. After consuming several alcoholic beverages, the couple got into a heated argument, resulting in a bottle of wine getting smashed against a wall and the owner of the hotel calling police, alleging domestic violence. Police found my client parked on the side of the road, in the driver’s seat, on the phone, with the engine running. Based on her indicia of impairment, police asked her to provide a sample of her breath into a roadside screening device. After repeated failed attempts, the officer accused her of deliberately producing the failed results, whereas she claimed that she was genuinely tryng and that the instrument must be defective. Another officer arrived on scene within a few minutes and supplied a different device. After producing similar failed results on this device, she was placed under arrest.

Result:

I tendered pleas of “not guilty,” and conducted a full day trial. After hearing from the three officers involved, I created numerous important discrepencies in their evidence, resulting in a finding of “not guilty” by the trial judge, who preferred the evidence of my client over that of the police officers. All charges against my client were dismissed. No criminal record.…

7th Impaired Driving Conviction – No Jail!

  • 15 April 2015
Charge(s):

CC: s.253(1)(a) – Impaired Driving, s.253(1)(b) – Driving while over .08%

Allegations:

My client, after drinking too much alcohol, lost control of his vehicle and crashed into a tree.

Result:

It was his 7th conviction for impaired driving. He should have gone to jail for 6 to 9 months. Instead, he pleaded guilty to one charge and received a fine of $2000, with 12 months time to pay. The other charge was withdrawn.…

Found Not Guilty in Impaired/Dangerous Driving Causing Death

  • 15 April 2015
Charge(s):

CC: s.255(3) – Impaired Driving Causing Death, s.249(4) – Dangerous Driving Causing Death, s.252 – Fail to Remain at the Scene of an Accident.

Allegations:

My client caused the death of his passenger as a result of a high speed rollover, while driving dangerously, and while his ability to operate a motor vehicle was impaired by alcohol. If convicted, the Crown would have been seeking a period of incarceration in excess of 10 years.

Result:

Found Not Guilty after trial and lengthy closing arguments. Judge said: “I would have preferred to find you guilty, but the evidence wasn’t there.”Reported in local newspapers and radio. No criminal convictions.…

Sexual Assault and Impaired Driving Charges Withdrawn

  • 13 April 2015
Charge(s):

CC: s.271 x 2 – Sexual Assault, s.253(a)

Allegations:

My client, after consuming an inordinate amount of alcohol, sexually assaulted some girls while dancing at a bar. Their boyfriends then tried to instigate a fight with him. He left the bar and attempted to drive away in his vehicle, but was prevented from doing so by an angry mob.

Result:

I negotiated a deal whereby he entered pleas of guilty to committing an “indecent act,” instead of sexual assault, and the Crown withdrew both impaired, care/control charges. By way of penalty, he received a conditional discharge. No criminal convictions.…

Three-Time Drunk Driver Causing Two Accidents Avoids Jail

  • 8 April 2015
Charge(s):

CC: s.253(1)(a) x 2 – Impaired Driving, s.254(5) x 2 – Refusal to Provide a Breath Sample, s.145(5) – Fail to Attend to Identification, s.145(5) – Fail to Attend Court

Allegations:

While driving under the influence of alchol, my client was reported by witnesses to be driving erratically on McNight Blvd. weaving through traffic, trying to squeeze in between two cars and eventually colliding into the rear of another vehicle. My client then tried to drive away, but hit the other car again. The driver of the other vechile wrestled the keys out of my client’s ignition, as he believed my client to be drunk. Police arrived while EMS were attending to my client. Upon opening the side door to the ambulance, my client tried to grab a hold of the police officer’s duty belt. The officer my client reeked of alcohol and had a blank stare through glossy eyes. My client stumbled out of the ambulance, losing his balance. After placing my client under arrest, and making a breath demand, my client replied: “owwwwweeeee!” (howling like a wolf). He then told the officer that he loved him and wanted a hug, stating: “we don’t need the police.”. He was staggering, slurring and mumbling incoherent words, was repeatedly falling asleep while officers were dealing with him. He evenutally fell to the floor of his cell and passed out. A couple of months later, he failed to attend for fingerprinting and later failed to attend court as well, so warrants issued for his arrest.One year later, while driving under the influence again, my client failed to stop at a red light and collided with the rear of a van. He exited his veichle and began yelling at the female driver of the van. Upon arrival at the scene, police noted that my client was having difficulty handling his documents, was extremely unsteady on his feet and almost tripped over backwards while trying to pick up his dropped registration. He had red, glassy eyes and a strong smell of alcohol coming from his breath. Again, he refused to provide a breath sample. Police also found a crack pipe in his pocket.

Result:

My client pleaded guilty to two of the impaired charges and failing to attend court. The other charges were withdrawn. He had a prior conviction on his record for impaired driving and failing to stop at the scene of an accident. However, the Crown did not rely upon these convictions to seek a greater punishment. Nonetheless, he ought to have received a sentence involving a minimum term of imprisonment of 30 days. However, I argued a technical legal principle from the Supreme Court and the Court did not impose any jail. Instead, my client was ordered to pay a total of $3600 in fines, with 16 months time to pay.…

No Jail for Extremely Drunk Driver Failing to Stop for Police & FTAC

  • 8 April 2015
Charge(s):

CC: s.253(1)(b) – Driving with blood/alcohol content over .80%, s.253(1)(a) – Impaired Driving, s.249.1(1) – Fail to Stop while being Pursued by a Peace Officer, s.145(5) – Fail to Attend Court

Allegations:

My client was travelling, at speeds exceeding 150 kms/hr, down Deerfoot Trail. The police pursued him with lights flashing and horns blaring. My client appeared to slow down as though to pull over, but continued and appeared to accelerate. It took the police a while to finally get him to pull over. He appeared to be extremely intoxicated. He blew three times over the legal limit. There were two passengers in his vehicle. He subsequently failed to attend court and a warrant for his arrest issued.

Result:

The Crown was seeking a period of incarceration. I tendered pleas of “not guilty” and scheduled the matter for trial, on the basis of significant triable issues. Prior to the trial date, the Crown agreed to accept a guilty plea to only the over .80% charge and to withdraw all other charges. Given all of the aggravating factors, he received a fine of $2500. No jail.…

Drunk Driver Avoids Jail Again

  • 8 April 2015
Charge(s):

CC: s.254(2) – Refusal to Comply with a Breath Demand, s.259(4) – Drive While Disqualified, s.145(2)(a) x 2 – Fail to Attend Court

Allegations:

My client was pulled over after being observed pulling out of the parking lot of a bar at 2:30am, with a car full of drunk people. Her licence was suspended 3 months earlier for impaired driving conviction. She refused to provide a sample of her breath into a roadside screening device. She then failed to attend court twice.

Result:

On the day of trial, the Crown agreed to withdraw the refusal charge. My client pleaded guilty to driving while disqualified and one failure to attend court charge. The Crown was seeking 2 months jail. Instead, my client received fines totaling $850, with 8 months time to pay. No jail time.…

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