Author Archives: browns

Fine on Trust Theft – B&E Charge Withdrawn

PROPERTY/THEFT OFFENCES Results No Comments
Charge(s):

CC: s.348(1)(a) – Break and Enter with Intent to Commit an Indictable Offence, s.334(b) – Theft

Allegations:

My client broke into the place where he used to work and stole approximately $1000 worth of materials. He was observed by several employees to do this in their presence. When police spoke to him, he denied even being there.

Result:

After the pre-trial conference, a deal was negotiated, whereby he would plead guilty to the theft only. Despite having a lengthy and related record, he received only a fine for the theft, and the Break and Enter charge was withdrawn.

Repeat Offender Gets Only 4 Months for 6th Impaired Conviction

DRIVING OFFENCES Results No Comments
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

DRIVING OFFENCES Results No Comments
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

DRIVING OFFENCES Results No Comments
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

DRIVING OFFENCES Results No Comments
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.