CDSA: s.5(2) – Possession for the Purpose of Trafficking; CC: s.355(b) – Proceeds of Crime
My client was found to be selling marijuana from his residence.
I negotiated a plea to simple possession only, instead of trafficking. He received a sentence of probation for 9 months. The other charge was withdrawn.
CC: s.140(1)(c) – Public Mischief
My client called 911, alleging that he had been shot by his neighbor and was bleeding out in his apartment. When police arrived, there was no response, so they kicked in his door, and found him passed out drunk on his couch, with the TV on. He had not been shot and no shots had been fired.
Lack of mens rea (criminal intent) / Advanced intoxication
On the day of trial, the Crown withdrew his charge.
CC: s.140(1)(b) – Public Mischief, s.336 – Breach of Trust.
My client lied to his employer about having returned all of the approx. 40 pieces of heavy equipment, which were stored on his property. Seven years later, his bitter ex-wife informed the police that my client had kept and was using one piece of machinery.
I successfully negotiated the withdrawal of his charges, on the basis that there was no reasonable likelihood of a conviction.
One of the biggest and most common mistakes people make, when they are married, in a common law relationship, dating, or recently separated and are no longer together is filing a complaint of domestic assault against the other person as a means of “getting even.” Using the Justice System in this manner has serious consequences for the accused.
Many complainants (victims) claim they were assaulted by their loved one, with the notion they can request the charges be dropped later, after they have made their point or “gotten even.” However, the law does not regard the wishes of the complainant when it comes to investigating a claim of domestic assault and filing charges, if there is sufficient evidence to support the initial claim.
Even in cases where the complainant later states their desires to have the charges dropped, the Crown prosecuting lawyers do not take this into consideration. Rather, they are bound to uphold the legal system and laws related to assault offences. As such, if it has been determined there is sufficient evidence to charge the accused with domestic assault, they will be arrested and have to resolve the matter in court.
While the Criminal Code of Canada does not have a specific offence for domestic assault offences, the legal system does rely upon the definitions of Assault offences as contained within the Criminal Code. In addition, in many cases, there are Crown prosecuting lawyers, who exclusively prosecute domestic assault offences. The Crown and Courts recognize the seriousness of domestic assault and often treat those accused of this criminal offence with a zero-tolerance attitude.
Depending upon the type of domestic assault offence one is charged with, there is always the potential of being imprisoned if convicted and found guilty of the offence. For instance, a general domestic assault offence, prosecuted as an indictable offence has a maximum imprisonment period of five years, whereas if the case is prosecuted as a summary conviction, there is still a maximum eighteen month imprisonment period.
Additionally, just like Assault offences, there are variations of domestic assault offences, which includes, but may not be limited to, aggravated assault, assault causing bodily harm, and assault with a weapon. The Crown and Courts view these as more serious types of domestic assault offences. Therefore, they do have more severe penalties and longer maximum imprisonment periods.
Two types of DUI charges in Calgary are “Impaired Driving” and “Driving over 80.” Impaired driving means operating a motor vehicle while your driving abilities are impaired either as a result of drinking or using drugs. Driving over 80 means operating a motor vehicle while your blood alcohol level is more than 80 milligrams of alcohol per 100 milliliters of blood. It is important to mention that “Driving over 80” is also “Impaired Driving.” In some cases you could be charged with both types of DUI offences.
For both types of DUI offences, the police must notice some form of erratic driving behaviour, such as weaving back and forth in the lane or failure to stop at a traffic signal. This is called “reasonable grounds” and provides a reason to initiate a traffic stop and question the driver and their behaviour. The police cannot stop you unless they have reasonable grounds. Without reasonable grounds, should you be stopped, the evidence you were impaired or driving over 80 can be challenged since there was a lack of reasonable grounds for the traffic stop.
What Happens After Being Stopped?
Upon being stopped, if the police notice certain signs, such as the smell of alcohol, open alcohol/beer containers in the vehicle, slurred speech, or red, watery, or blood shot eyes, then the police might have the right to make further inquiry about the driver’s consumption of alcohol and/or drugs. Normally, upon suspicion of either driving impaired or over 80, the police will ask you to perform certain roadside sobriety tests.
If you fail these tests, then the police can request you provide a sample. Refusing to provide a sample carriers with it the same penalties as impaired driving and driving over 80, if you are convicted and found guilty. If the police do not have a roadside breathalyzer, they will transport you to the local police station where two samples are collected. Even in cases where the police collect a sample roadside, they still have to take you to the local police station and collect two additional samples.
After arriving at the police station, the police may request to interview you further as a means to substantiate you were driving impaired or over 80. However, prior to questioning you, the police must inform you of your right to counsel before being questioned. The police have to offer you the option to speak to a Calgary criminal defence lawyer and make this offer promptly before they can interrogate you further about the drinking and driving offence.
Why Do I Need a DUI Defence Lawyer?
While the law does allow you to represent yourself in criminal matters, including drinking and driving related offences, you probably are unaware of the technicalities and intricacies of the laws surrounding DUI-related offences. Retaining the services of a skilled and knowledgeable DUI defence lawyer provides the opportunity to build a strategic defence to the charges. Many of these defences tend to revolve around police error or other such technicalities where your rights might have been violated.
Keep in mind the above information is presented for informative purposes only and should not construed as actual legal advice. If you require legal advice for an “Impaired Driving” or “Driving over 80” offence, contact the law offices of Paul Gracia today at 403-975-4529 for a complimentary consultation appointment.
