Criminal Defence Lawyer Calgary

Charges Withdrawn on Subsequent Impaired Hit and Run

  • 8 April 2015
Charge(s):

CC: s.259(4) – Driving while Disqualified, s.252(1)(B) – Hit and Run; TSA: s.167(A)(A) – No Licence, s.115(2)(B) – Careless Driving, s.167(1)(C) – Fail to Produce Insurance, s.54(1)(A) – Drive with no Insurance, s.94(2) – Drive while Unauthorized.

Allegations:

My client was a suspended driver due to an Impaired/Refusal conviction. While driving his vehicle, he lost control and slid into a parked vehicle. He failed to remain at the scene and drove away without making any attempt to contact the owner. This was observed by 5 witnesses.

Result:

After resolution discussions with the Crown, all charges and tickets were withdrawn. No criminal convictions.


Meth Dealer Had a Good Defence but Counsel Had to Withdraw

  • 8 April 2015
Charge(s):

CDSA: s.5(2) – Possession for the Purpose of Trafficking (meth), s.5(2) – Possession for the Purpose of Trafficking (marijuana); CC: s.354 – Proceeds of Crime, s.90(1) – Carrying a concealed weapon (baton), s.86(2) – Contravention of Storage Regulations (Ammunition), s.88(1) – Possession of a Weapon for a Dangerous Purpose (baton); TSA offences (no insurance, no license, plate improperly secured).

Allegations:

My client was pulled over for not having his license plate properly secured. While looking in a bag for his registration, the police noticed a large bag of marijuana. Search incident to arrest revealed a bag full of other items in support of drug trafficking (a large bag of meth, a weigh scale, baggies, cash, a collapsible baton, 5 cell phones and a box full of ammo for a 9mm handgun). Moreover, the phones were ringing during his arrest with numerous people seeking what police believed to be drugs.

Result:

My client had a strong defence that would have secured for him an acquittal on all charges. Unfortunately, due to ethical considerations, I was forced to seek to be removed as counsel of record on the day of trial. He will need to obtain new counsel to assist him with his defence at a new trial date. The Crown was seeking 3 or 4 years in jail. He would most likely have been found “not guilty” on everything.


Drunk Driver Crashes Through Neighbours’ Property – Charges Withdrawn

  • 8 April 2015
Charge(s):

CC: s.430(1)(a) – Mischief over $5000, TSA: s.115(2)(b) – Careless Driving, s.69(1)(a) – Fail to Remain at the Scene of an Accident.

Allegations:

My client lost control of his vehicle and drove through a gate and a fence, knocking over fence posts and trees and taking out a shelter for some mailboxes. He abandoned his vehicle in a ditch because it was disabled. The police investigated and found him at home. He smelled strongly of alcohol.

Result:

All charges were withdrawn after he repaired the damages. No convictions.


Reduced Fine on Impaired Driving Accident, Breaches and Numerous Tickets

  • 8 April 2015
Charge(s):

CC: s.253(1(a) – Impaired Driving, s.254(5) – Refusal to Provide a Breath Sample, s.733.1(1) – Breach Probation Order x 3; TSA: s.51(a) – No driver’s license, s.52(1)(a) – No registration, s.54(1)(a) – No insurance, and s.53(1)(b) – No license plate.

Allegations:

My client was observed by the police to swerve all over the road and to finally lose control and get his vehicle stuck in a ditch. He was extremely intoxicated. He was on probation for an assault charge. He had a lengthy criminal record.

Result:

He pleaded guilty to only one charge and received a fine of only $1500. No insurance alone is a fine of $2875. All other charges were withdrawn.


Dangerous Driver with 5 Priors for Impaired Driving Gets Off Easy

  • 8 April 2015
Charge(s):

CC: s.249.1(1) – Fail to Stop Vehicle While Pursued by Police, s.249(1)(a) – Dangerous driving, s.249(4) – Drive While Disqualified, s.733.1(1) x 2 – Breach Probation Order; TSA: s.54(1)(a) – No Insurance, s.52(1)(a) – No Registration; GLA: s.50 – Unlawful Possession of Liquor.

Allegations:

My client was prohibited from driving, as a result of five prior convictions for impaired driving. The police recognized him driving and tried to pull him over. He drove off at a high rate of speed, through a residential neighborhood, cutting corners by driving over lawns. He was intoxicated at the time and was bound by conditions of probation as well. He had a lengthy and related criminal record. The Crown was seeking a significant period of incarceration.

Result:

He pleaded to a few lesser and included offences and was sentenced to 9 months, minus pre-trial custody, resulting in 6.5 months, followed by 2 years of probation and a further three year driving prohibition.


Aggressive Drunk and Suspended Driver in Stolen Car Gets a CSO

  • 8 April 2015
Charge(s):

CC: s.253(1)(a) – Impaired driving, s.253(a)(b) – Driving while over .08%, s.403(a) – Personation, s.129(a) – Obstructing a Peace Officer, s.334(b) – Theft, s.264.1(1)(a) – Uttering Threats, s.259(4) – Drive while disqualified, s.145(5) – Fail to attend for identification; TSA: s.94(2) – No insurance, s.167 – No registration, s.94(2) – Drive while unauthorized.

Allegations:

My client lunged at his ex-girlfriend and threatened to beat her and abandon her outside of town for disrespecting him. He was also caught driving while under the influence of alcohol, lying to police about his name, breaching his terms of release, stealing from his friend, and a number of traffic violations.

Result:

He had a lengthy and related criminal record. The Crown was seeking a period of incarceration in the range of 7 months in jail, plus significant fines. He received a Conditional Sentence Order, with probation. No jail.


Gracia Law
100, 111 - 5th Avenue SW Calgary, Alberta T2P 3Y6
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