No Jail for Extremely Drunk Driver Failing to Stop for Police & FTAC
No Jail for Extremely Drunk Driver Failing to Stop for Police & FTAC
Read moreCharge(s):
CC: s.253(1)(b) – Driving with blood/alcohol content over .80%, s.253(1)(a) – Impaired Driving, s.249.1(1) – Fail to Stop while being Pursued by a Peace Officer, s.145(5) – Fail to Attend Court
Allegations:
My client was travelling, at speeds exceeding 150 kms/hr, down Deerfoot Trail. The police pursued him with lights flashing and horns blaring. My client appeared to slow down as though to pull over, but continued and appeared to accelerate. It took the police a while to finally get him to pull over. He appeared to be extremely intoxicated. He blew three times over the legal limit. There were two passengers in his vehicle. He subsequently failed to attend court and a warrant for his arrest issued.
Result:
The Crown was seeking a period of incarceration. I tendered pleas of “not guilty” and scheduled the matter for trial, on the basis of significant triable issues. Prior to the trial date, the Crown agreed to accept a guilty plea to only the over .80% charge and to withdraw all other charges. Given all of the aggravating factors, he received a fine of $2500. No jail.
Breaches of an Ontario Matter Withdrawn
Read moreCharge(s):
CC: s.145(5.1) – Fail to Comply with Undertaking, s.145(5) – Fail to Attend Court
Allegations:
My client was released on an undertaking to a Peace Officer, in relation to charges in Ontario. After getting pepper sprayed in relation to an incident in Calgary, CPS discovered that he was bound by these terms of release, one of which was a requirement to carry a copy of his conditions at all times. Police also discovered that the Ontario matters were at warrant status for failing to attend court as directed.
Result:
Given that the Crown would most likely be unable to prove these charges, as they stem from Ontario, I tendered pleas of “not guilty,” and scheduled both matters for trial. Within a short time, the Crown sent me a letter, indicating that they were withdrawing both charges. No criminal convictions.
Violent Offender Gets Probation Again for Attacking Police While on Release
Read moreCharge(s):
CC: s.270(1)(a) – Assault Peace Officer, s.129(a) – Obstruct Peace Officer, s.264.1(1)(a) – Uttering Death Threats, s.733.1(1) – Breach Probation
Allegations:
My client was observed by police to be acting beligerantly with security staff at the Drop-In Centre. The police intervened and tried to get him to leave. My client, who was extremely intoxicated, began to fight with the police and threatened to kill them, as well as several D.I. patrons. He was swearing, yelling, spitting and acting completely out of control, so the police tasered him a couple of times. He had just been released from custody that day for other violent offences, including assault causing bodily harm. He was also bound by a probation order.
Result:
He received a sentence of time served in pre-trial custody, followed by another probation order, requiring him to attend for residential treatment for his alcohol addiction and other personal issues.
Serious Violent Offender Gets Probation and Charges Withdrawn
Read moreCharge(s):
1) CC: s.267(B) – Assault Causing Bodily Harm; 2) Assault with a Weapon x 2, Possession of a Weapon for a Dangerous Purpose, Breach of Undertaking x 2.
Allegations:
My client had two separate sets of charges. First, my client admitted to punching and kicking the victim to the point of unconsciousness. Then, five days later, while on release for the first offence, he attacked two other people, by striking them in the head with a rock inside a sock, knocking one unconscious and sending both to the hospital.
Result:
Regarding the first offence, he pleaded guilty and received a sentence of time served (42 days) in pre-trial custody, followed by a period of probation. Considering his criminal record, the Crown was seeking a lengthier period of incarceration. Regarding the second set of charges, he pleaded “not guilty.” The victims were unable to be located for the purpose of serving them with a subpoena to attend the trial. Consequently, all charges were withdrawn.
Crack Dealer gets a CSO
Read moreCharge(s):
CDSA: s.5(2) – Possession for the Purpose of trafficking (crack cocaine), s.4(1) – Possession (Marijuana); CC: s.354: Proceeds of Crime, 129(a) – Resisting arrest, 145(2)(a) – Failure to Attend Court.
Allegations:
My client was selling crack cocaine in a back corner of the Cecil Tavern. A search incident to arrest revealed that he had some marijuana on his person, as well as a total of 49 rocks of crack cocaine. He was combative with police during his arrest. He subsequently failed to attend court and a warrant for his arrest issued.
Result:
The Crown was initially seeking a custodial sentence in the range for a penitentiary term of imprisonment. He ended up receiving a conditional sentence order for 18 months, with conditions including house arrest for 6 months. No jail.
