Author Archives: browns

Dangerous Driving Charge Reduced to a Ticket

DRIVING OFFENCES Results STATUTORY & REGULATORY OFFENCES No Comments
Charge(s):

CC: s.249(1)(a) – Dangerous Driving

Allegations:

My client was driving one vehicle, while his friend was driving another. Both vehicles contained numerous other friends. They were driving fast through back alleys around their neighbourhood, following each other closely and causing people to jump out of the way. The alleys were very wet with numerous puddles of muddy water. A young mother was walking down the alley, holding her new born baby in her arms, when my client and his friend drove toward her, at a high rate of speed, and deliberately splashed her – twice. She and her baby were completely soaked with dirty water. As the vehicles continued driving, passengers in the second vehicle were hanging out of the window, pumping their fists, yelling “yes!”

Result:

Close to the day of trial, I persuaded the Crown to agree to resolve this matter by way of a guilty plea to a separate offence of “stunting,” under the Traffic Safety Act. The penalty consisted of only a $500 fine and 3 demerits. No criminal conviction.

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

DRIVING OFFENCES Results STATUTORY & REGULATORY OFFENCES VIOLENT OFFENCES No Comments
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Drug Charge Withdrawn

DRUG OFFENCES Results STATUTORY & REGULATORY OFFENCES No Comments
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

DRIVING OFFENCES Results STATUTORY & REGULATORY OFFENCES No Comments
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

DRIVING OFFENCES FAIL TO COMPLY OFFENCES Results STATUTORY & REGULATORY OFFENCES No Comments
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.