Criminal Defence Lawyer Calgary

No Jail for Violent Attack on Girlfriend and Car Chase Hit & Run

  • 8 April 2015
Charge(s):

CC: s.252(1)(b) – Hit and Run, s.266 – Assault, s.249(1)(a) – Dangerous Driving

Allegations:

My client met with his ex-girlfriend and her friend in a parking lot. He became enraged with her, swore at her and threatened her, then punched her in the face several times through her car window. When her friend tried to drive away, he pursued them in his truck, initially blocking their path, then chasing after them and overtaking them at a red light. When they tried to escape, by driving away in reverse, he chased after them, also in reverse, smashed into the front end of their vehicle, and then fled the scene.

Result:

On the day of trial, the complainant showed up, so he changed his plea to guilty on the assault and hit and run charges. The Crown withdrew the more serious dangerous driving charge. He paid a fine for his actions, compensated the owner of the vehicle for the cost of the insurance deductible and was placed on probation for one year. No jail.…

Drug Charge Withdrawn

  • 8 April 2015
Charge(s):

CDSA: s.4(1) – Possession of a Controlled Substance

Allegations:

My client was pulled over for rolling through a stop sign while turning right, and then speeding through a playground zone. While dealing with my client, the police could smell marijuana. My client admited to being in possession of marijuana.

Result:

My client was referred to the Alternative Measures Program and the criminal charge was withdrawn, after he completed 30 hours of community service. No criminal conviction.…

No Jail for Suspended Driver Following 5th Impaired Conviction

  • 8 April 2015
Charge(s):

CC: s.259(4) – Drive While Disqualified and TSA; s.94(2) – Drive While Unauthorized

Allegations:

My client was caught driving while his operator’s license was suspended due to an impaired driving conviction, entered almost 12 months earlier. Because it was his 5th impaired driving conviction in the past 20 years, he was prohibited from operating a motor vehicle for 3 years.

Result:

The Crown was seeking a substantial period of incarceration and a further driving prohibition of 5 years. The standard penalty for this offence is for a period of incarceration, even for a first offence. However, the judge agreed with my submissions instead, that incarceration was not required in my client’s particular circumstances, and imposed a $2000 fine and the minimum driving prohibition of 3 years. After 12 months, he will again be eligible to drive with an alcohol ignition interlock device. No jail.…

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.…

Direct Indictment on Multi-Million Dollar Cross-Boarder Fraud

  • 8 April 2015
Charge(s):

CC: s.465(1)(c) – Conspiracy, s.462.31(2) – Money Laundering, s.380(1)(a) x 24 – Fraud exceeding $5000, s.467.12 – Organized Crime; CA: s.52.1(3) x 2 – Deception

Allegations:

My client and 6 co-accused committed a cross-border telemarketing scam, defrauding seniors from their life savings, in amounts totaling millions of dollars.

Result:

The matter was scheduled for a 3-month long Preliminary Inquiry. Part way through, the Crown preferred a Direct Indictment, so the prelim was abandoned and the matter went straight to arraignments at QB. Unfortunately, I had to remove myself from the record, as I was unable to devote the time required to run a 6-month long trial.…

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.…

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