Samantha L.-Jan 6 – The defendant was charged with driving over the legal limit for alcohol and driving while using a cell phone. Both charges were dismissed after a trial. I convinced the judge that the defendant’s right to be free from unlawful detention and unlawful search or seizure was infringed as the arresting officer did not have sufficient grounds to arrest the defendant in the first place. I also convinced the judge that the infringement was serious enough that it justified the exclusion from evidence of the breath readings (which were above the legal limit). As regards the cell phone charge, the prosecutor neglected to proceed on the charge and ultimately withdrew the charge.
Hossein M. – Jan 14 – The defendant was charged with impaired driving, driving over the legal limit of alcohol and failing to remain after an accident, a non-criminal charge under the Highway Traffic Act. I was able to convince the prosecutor that the defendant’s constitutional rights were infringed in many respects which could cause the prosecution serious difficulties in proving the criminal charges. As a result, a resolution was reached whereby the defendant pled guilty to the failing to remain charge. He received a $400 fine with no suspension of his driving privileges. Once the guilty plea was entered to the traffic offence, the two criminal charges were withdrawn.
