Three-Time Drunk Driver Causing Two Accidents Avoids Jail
Three-Time Drunk Driver Causing Two Accidents Avoids Jail
Read moreCharge(s):
CC: s.253(1)(a) x 2 – Impaired Driving, s.254(5) x 2 – Refusal to Provide a Breath Sample, s.145(5) – Fail to Attend to Identification, s.145(5) – Fail to Attend Court
Allegations:
While driving under the influence of alchol, my client was reported by witnesses to be driving erratically on McNight Blvd. weaving through traffic, trying to squeeze in between two cars and eventually colliding into the rear of another vehicle. My client then tried to drive away, but hit the other car again. The driver of the other vechile wrestled the keys out of my client’s ignition, as he believed my client to be drunk. Police arrived while EMS were attending to my client. Upon opening the side door to the ambulance, my client tried to grab a hold of the police officer’s duty belt. The officer my client reeked of alcohol and had a blank stare through glossy eyes. My client stumbled out of the ambulance, losing his balance. After placing my client under arrest, and making a breath demand, my client replied: “owwwwweeeee!” (howling like a wolf). He then told the officer that he loved him and wanted a hug, stating: “we don’t need the police.”. He was staggering, slurring and mumbling incoherent words, was repeatedly falling asleep while officers were dealing with him. He evenutally fell to the floor of his cell and passed out. A couple of months later, he failed to attend for fingerprinting and later failed to attend court as well, so warrants issued for his arrest.One year later, while driving under the influence again, my client failed to stop at a red light and collided with the rear of a van. He exited his veichle and began yelling at the female driver of the van. Upon arrival at the scene, police noted that my client was having difficulty handling his documents, was extremely unsteady on his feet and almost tripped over backwards while trying to pick up his dropped registration. He had red, glassy eyes and a strong smell of alcohol coming from his breath. Again, he refused to provide a breath sample. Police also found a crack pipe in his pocket.
Result:
My client pleaded guilty to two of the impaired charges and failing to attend court. The other charges were withdrawn. He had a prior conviction on his record for impaired driving and failing to stop at the scene of an accident. However, the Crown did not rely upon these convictions to seek a greater punishment. Nonetheless, he ought to have received a sentence involving a minimum term of imprisonment of 30 days. However, I argued a technical legal principle from the Supreme Court and the Court did not impose any jail. Instead, my client was ordered to pay a total of $3600 in fines, with 16 months time to pay.
Fine, instead of Community Service Hours
Read moreCharge(s):
CC: s.733.1(1) – Breach of Probation Order
Allegations:
My client was accused of failing to complete 50 hours of community service work, ordered by the court, in relation to a probationary sentence imposed for other offences.
Result:
My client worked up north in isolated camps and was therefore unable to complete the hours, so he tendered a plea of guilty and ended up paying a fine of $500, instead of doing the community service hours.
Criminal Harassment and Stalking charges dropped
Read moreCharge(s):
CC: s.264(2)(a) x 2 – Criminal Harrassment (repeated following), s.264(2)(b) x 2 – Criminal Harrassment (repeated communication), s.264(2)(c) x 2 – Criminal Harrassment (besetting dwelling house), s.264(2)(d) x 2 – Criminal Harrassment (threatening conduct), s.127(1) x 2 – Breach of Restraining Order.
Allegations:
The details of these offences are complex and lengthy. However, my client was essentially accused of harrassing, stalking and threatening the complainant and her husband at various locations throughout the course of nearly 14 months. My client and the complainant were involved in an intense extra-marital affair together. When her husband found out, he ordered an end to it and, together, they obtained a restraining order against my client. However, he repeatedly violated the conditions to avoid her, as they pursued their sexual relations.
Result:
All charges were eventually dropped. My client entered into a peace bond, promising to avoid communicating with her or her husband for a period of one year. No criminal convictions.
Harassment Charges Disappear!
Read moreCharge(s):
CC: s.145(5.1) – Breach of Undertaking x 2, s.264 – Criminal Harrassment
Allegations:
As a result of committing an assault upon his girlfriend, my client was bound by undertaking to avoid communicating with her. About 10 days later, my client sent text messages to her and was warned not to do that again. Then, about one week after that, he sent obscene images to her via text message. Also, he had been seen driving by her house 4 or 5 times per day, blasting his music and revving his engine very loudly as he drove by. He would also park near her workplace and watch her through the windows. He would also blast his music and rev his engine loudly to get her attention.
Result:
The day prior to his scheduled trial date, the Crown fell ill and was requesting an adjournment. I opposed the adjournment but offered to resolve it through a Peace Bond. The Crown agreed. However, on the day of trial, the complainant failed to attend, so all charges were withdrawn. Despite my client having a criminal record, including a prior conviction for domestic assault, all of his charges were withdrawn. No criminal convictions.
Spousal Assault, Firearms and Breaches, all Withdrawn
Read moreCharge(s):
CC: s. 266 – Assault, s.86(1) – Careless Storage of a Firearm, s.145(3) x 2 – Breaches of Recognizance; PAFVA: s.13.1(1(a) x 2 – Breaches of Emergency Protection Order
Allegations:
My client was accused of assaulting his wife during a heated argument over car keys by grabbing her and throwing her to the floor. She claimed that she cried out to their teenage son for help and that he had to physically pull my client, his father, away from his mother. Police seized a dozen various types of firearms scattered on the floor and shelves of the closet and ammunition within close proximity. One firearm in particular, a .22 Ruger was found in its case with 25 rounds of ammunition in the clip and ready for use. Within a few weeks of his release from custody, he was charged with breaching his conditions to stay away from her and to not attend at her residence. She reported numerous complaints in this regard, including, him telephoning her, sending her text messages, meeting her at a restaurant and going into her house and garage.
Result:
Both matters were scheduled separately for trial, as my client had a defence to most of the charges. Further to resolution negotiations, I persuaded the Crown to agree to withdraw all charges, upon him entering into a Peace Bond for a period of one year. Despite his criminal record, and despite the fact that he had already had a previous assualt charge and weapons charge dealt with by way of a Peace Bond, I was still able to negotiate the withdrawal of all criminal charges. No criminal convictions.
