DRIVING OFFENCES

Dangerous & Violent Intoxicated Driver – Impaired Driving Only.

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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 The other charges were withdrawn.

Dangerous Driver Gets Away with Only a Ticket

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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  The criminal charge and all other tickets were withdrawn.

Deadly Consequence for Missed Stop Sign – Traffic ticket

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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.

Repeat Offender Gets Only 4 Months for 6th Impaired Conviction

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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

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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.