RECENT SUCESSES

Impaired Driving Solutions - Lawyer Brian Starkman DUI/DWI (Ontario)

Impaired Driving Solutions - Lawyer Brian Starkman DUI/DWI (Ontario) Recent Successes




Eileen N. – trial win

Our client was charged with Over 80. After hearing the evidence of the arresting officer and our client, the Judge believed our client and found the arresting officer had interfered with her right to counsel. The charge was dismissed.



Chris U. – trial win

Our client was acquitted following trial. We demonstrated the police had not respected our client’s right to speak with a lawyer upon his arrest. As a consequence the prosecutor was prohibited from using the breathalyzer readings against our client and he was acquitted.



Ryan G. – trial win

Thee defendant was charged with over 80. The charge was dismissed after a trial. The trial judge accepted my argument that the prosecution had not proven that the defendant was, in fact, the driver of a motor vehicle that have been involved in an accident. Thus, even though the defendant eventually provided breath samples above […]



Bonnie W. – trial win

The defendant was charged with Over 80. The charge was dismissed after a trial. I argued that the breathalyzer readings were tendered in evidence by use of hearsay, which is generally considered inadmissible in law. The judge agreed and the charge was dismissed.  



David R. – successful negotiation

The prosecutor agreed to withdraw the charge and allow the defendant to plead guilty to the Highway Traffic Act offence of Careless Driving on account of low readings – 100/80 and 90/80 – as well as our client’s background.



Richard M. – trial win

The defendant was charged with Over 80. On cross-examination of the police witnesses, I was able to get them to concede that they did not use the roadside screening device properly. As a result, the Prosecutor invited the trial Judge to dismiss the charge and at which time the Judge dismissed the charge.  



Paul M. – trial win

The defendant was charged with Over 80. The charge was stayed, which is equivalent to a dismissal of the charge. I argued that his detention in custody after the conclusion of the police investigation infringed the defendant’s right to be free from arbitrary detention. I further argued that this infringement justified a stay of proceedings. […]



Mario D. – trial win

The defendant was charged with Over 80. The charge was dismissed after a trial. I convinced the trial judge that several constitutional rights of the defendant had been infringed during the course of the police investigation. I also convinced the judge that the said infringements were serious enough to justify the exclusion of the breath […]



Kirk B. – successful negotiation

Despite the police having laid the charge, and the court process having begun, the prosecutor agreed very early on to withdraw the charge and allow the defendant to plead guilty to the Highway Traffic Act offence of Careless Driving. During our discussions we were able to show the prosecutor our client may have been under […]