Hit and Run Ends With a Small Fine
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.
Criminal Charge Withdrawn for Plea to Traffic Ticket
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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
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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.
7th Impaired Driving Conviction – No Jail!
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Charge(s):
CC: s.253(1)(a) – Impaired Driving, s.253(1)(b) – Driving while over .08%
Allegations:
My client, after drinking too much alcohol, lost control of his vehicle and crashed into a tree.
Result:
It was his 7th conviction for impaired driving. He should have gone to jail for 6 to 9 months. Instead, he pleaded guilty to one charge and received a fine of $2000, with 12 months time to pay. The other charge was withdrawn.
Found Not Guilty in Impaired/Dangerous Driving Causing Death
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Charge(s):
CC: s.255(3) – Impaired Driving Causing Death, s.249(4) – Dangerous Driving Causing Death, s.252 – Fail to Remain at the Scene of an Accident.
Allegations:
My client caused the death of his passenger as a result of a high speed rollover, while driving dangerously, and while his ability to operate a motor vehicle was impaired by alcohol. If convicted, the Crown would have been seeking a period of incarceration in excess of 10 years.
Result:
Found Not Guilty after trial and lengthy closing arguments. Judge said: “I would have preferred to find you guilty, but the evidence wasn’t there.”Reported in local newspapers and radio. No criminal convictions.
