Impaired Driver Found Not Guilty After Trial
Impaired Driver Found Not Guilty After Trial
Read more
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!
Read more
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 The other charge was withdrawn.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
Read more
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.
Robbery Charge Reduced to Assault
Read more
Charge(s):
CC: s.344(b) – Robbery
Allegations:
My client hired an escort through an online escort agency to attend at his hotel room. She requested payment of $300 in advance. They talked for 15 minutes, then my client offered to give her a massage. After a few minutes, he turned her over and aggressively pulled at her panties. She protested and told him to stop. He got angry and demanded a refund. She refused. He attempted to forcefully remove the money from her purse. A struggle over the purse ensued. He assaulted her in the process. She threw the money on the floor, locked herself in the bathroom and called 911.
Result:
The matter was scheduled for trial, on the basis that he had a defence to the theft portion of the robbery charge. The victim failed to appear for trial, pursuant to a served subpoena. The Crown succeeded in obtaining an adjournment and a witness warrant. A new date for trial was set. This time the victim showed up, so I negotiated a plea deal to simple assault only (a charge to which he had no defence). We adjourned for the purpose of negotiating an agreed statement of facts. In the process of seeking further instructions from my client, he absconded from Canada, in order to pursue overseas employment. I sought leave to withdraw as Counsel of Record and a warrant issued for his arrest. His intention is to rehire me to conclude this matter upon his return to Canada.
Domestic Violence Charge Withdrawn Again
Read more
Charge(s):
CC: s.266 – Assault
Allegations:
My client engaged his wife in a heated verbal dispute. The argument continued in the kitchen area, where my client smashed a plate of food and then struck his wife in the face, knocking off her glasses. She ran outside and called the police. He locked her out. Their child was in his room, sleeping. She feared for his safety. Police could not get my client to open the door, so they entered by force by breaking a basement window. They found him in his room, pretending to be asleep. His wife had two small lacerations, dried blood, bruising and swelling to her face.
Result:
The Crown initially refused to resolve the matter by way of a Peace Bond, because this was not the first time my client had been charged with assaulting his wife. In addition, a previous domestic assault had already been resolved with a Peace Bond, a few years prior. I tendered a plea of “Not Guilty,” and scheduled the matter for trial. On the day of trial, his wife did not appear. She had communicated in advance to the Crown that it was all a big misunderstanding; that he had not assault her; that she did not wish to proceed with the charge, etc. On that basis, the Crown did not seek a witness warrant and the charge was dismissed. No criminal conviction.
