Dangerous & Violent Intoxicated Driver – Impaired Driving Only.
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 The other charges were withdrawn.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 The criminal charge and all other tickets were withdrawn.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.
Carrie Underwood: “Before He Cheats” song-type Crime and Lying to Police – Discharge (all charges withdrawn).
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Charges:
CC: s.140(a) – Public Mischief, s.430(3) – Mischief, s.266 – Assault, s.349(1) – Break & Enter a Dwelling and Commit an Indictable Offence, s.145(5.1) – Aid and Abet complainant to Breach his Recognizance.
Allegations:
My client had two sets of charges. First, she provided two separate complaints, with detailed statements, to the police about how her boyfriend committed various offences, including that he assaulted her, robbed a bank, and intimidated her to prevent her from going to the police. She later recanted, those allegations, telling police that she just wanted to get back at him (which was not true, he had promised to get back together with her if she recanted). Second, she attended her boyfriend’s residence, saw that he had another woman in there with him, and became instantly angry. He told her to leave. She refused. Instead, she pushed her way into the residence, yelling and screaming at the other woman and assaulted her boyfriend by punching and shoving him. My client left when she noticed that the other woman was recording the incident. On her way out, she grabbed a fire extinguisher and proceeded to strike the panels and windows of his truck with it, causing numerous dents and scratches all over. She then scratched his paint all around, using a key, and carved the word “cheater” on his tailgate.
Result:
I negotiated a plea whereby she pleaded guilty to only the mischief charge (for vandalizing his truck). The Crown argued for a sentence of probation, as well as a high compensation order. However, I argued for, and succeeded, in obtaining a Conditional Discharge, with no compensation order, resulting in all charges being withdrawn after 12 months.
Possession Charge and Tickets – Withdrawn (AMP)
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Charges:
CDSA: s.4(1) – Possession of a Controlled Substance (Shatter); TSA Tickets x 2.
Allegations:
After getting pulled over for a traffic infraction, my client admitted to having consumed marijuana prior to driving, as the indicia of impairment were obvious. He then provided to the police 10 grams of shatter, along with accompanying drug paraphernalia.
Result:
I was able to get him diverted out of the criminal justice system and into the Alternative Measures Program. Upon successful completion of the program requirements, his drug charge was withdrawn as were the two tickets.
