Drunken Crash and Rollover (Brooks) – Minimum Fine

Charges:
CC: s.253(1)(A) & (B) – Impaired Driving; TSA: s.115(2)(B) – Careless Driving.

Allegations:
My client crashed and rolled his truck at 2:00 am.  Police attended and dealt with my client, who was injured from the accident.  They took him to the hospital and obtained a blood warrant, after suspecting that he was intoxicated.  The results proved that he was double the legal limit.

Result:
He pleaded to Impaired Driving and received the minimum fine and could drive again after 3 months, with Alcohol Ignition Interlock Device.

Charges:

CC: s.253(1)(a) – Impaired Driving, s.253(1)(b) – Driving with Blood/Alcohol Level Exceeding .08 mg%, s.249(1)(a) – Dangerous Driving, s.266 – Assault.

Allegations:

My client was seen to be driving his vehicle erratically in a strip mall parking lot.  He drove over curbs and struck a tree and another vehicle. A witness ran over to him and observed him striking his female passenger in the face.  The witness tried to reach into my client’s vehicle to remove his keys from the ignition. However, my client drove away, dragging the witness for several metres.  My client then sped off, attempting to flee the scene. He abandoned his vehicle and fled on foot. Another witness caught him and detained him until the police arrived.

Result:

I negotiated a plea to impaired driving only. The other charges were withdrawn.

Charges:       

CC: s.249(1)(a) – Dangerous Driving; TSA: s.115(2)(a) – Careless Driving, s.54(1)(a) – No Insurance, s.167(1)(a) – No License, s.69(1)(a) – Fail to Remain at the Scene of an Accident (Hit & Run).

Allegations:

While driving at a high rate of speed, in a turn, my client passed a vehicle by driving into oncoming traffic, then cut off the driver she passed, and then lost control and slammed into parked vehicles, one of which ended up on someone’s lawn, 20 feet away, at a 90 degree angle; the other became intertwined with my client’s vehicle, rendering it inoperable.  Witnesses say they had to prevent my client from trying to flee the scene. My client had no driver’s license and no insurance.

Result:          

I negotiated a guilty plea to Careless Driving only, under the Traffic Safety Act.  The criminal charge and all other tickets were withdrawn.

Charges:       

TSA: s.115(2)(b) – Careless Driving; RORR: s.37(a) – Fail to Stop

Allegations:

My client drove his tractor-trailer through an intersection after missing a stop sign.  The driver of a car died on impact when she struck the side of his trailer.

Result:          

This was an extremely unfortunate and tragic accident, which caused numerous lives to be negatively altered forever.  My client was especially devastated and will never forgive himself. I resolved the matter with a guilty plea to careless driving.  My client paid a fine of $2000, and his license was suspended for 90 days. No criminal record.

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.