The defendant was charged with Over 80. The Crown was concerned about a number of problems with their case including time issues related to the taking of the breath samples as well as the length of time the matter had taken to get to trial. Indeed, we were prepared to argue that the defendant’s right […]
Impaired Driving Solutions - Lawyer Brian Starkman DUI/DWI (Ontario) Recent Successes
S.S. – DUI charge negotiated down to traffic ticket
The defendant was charged with Over 80. The trial commenced in 2011 and was to continue on this date. Prior to the continuation date, the Crown offered a resolution whereby they wouldwithdraw the Over 80 charge and allow the defendant to plead guilty to the Highway Traffic Act offence of Careless Driving. This offer was accepted […]
Mark W. – DUI charge dismissed after trial
The defendant was charged with Over 80. The charge was dismissed by the judge at the end of the trial. The trial judge held that the prosecutor had not proven that the breath tests were taken “as soon as practicable”, a necessary prerequisite to an Over 80 charge.
Stephen B. – DUI charges dismissed after trial
The defendant was charged with Impaired Driving, Over 80 and the Highway Traffic Act offence of Driving while Suspended. All charges were dismissed. The Over 80 charge was dismissed as the prosecutor failed to lead evidence of a lawful breath demand having been made to the defendant. The Impaired Driving count was dismissed as the […]
RECENT SUCCESSES 2016
Frances E. – Dec. 19 – The defendant was charged with Refusing to Provide a Breath sample into a Roadside Screening Device. We were able to persuade the Crown to allow the defendant to plead guilty to the Highway Traffic Act offence of Careless Driving for a $1200.00 fine and 12 months’ probation with restrictive […]
RECENT SUCCESSES 2015
Rolando A. – Dec. 14 – The defendant was charged with Over 80. The defendant had relatively low readings although they were above the legal limit. After negotiations with the prosecutor, it was agreed that the defendant could plead guilty to the lesser, non-criminal charge of Careless Driving under the Highway Traffic Act. He was […]
RECENT SUCCESSES 2014
Derek P. Dec. 8 – The defendant was charged with Over 80. The breath readings were so close to the legal limit that the prosecutor ultimately conceded that he may not be able to prove that the defendant was above the legal limit at the time of driving. As a result, the prosecutor withdrew the […]
RECENT SUCCESSES 2013
Ryan G. – Dec. 18 The 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 […]
RECENT SUCCESSES 2012
Angelo R. – November 29th – The defendant was charged with Over 80. The defendant was seen seated in the drivers’ seat of his motor vehicle by a police officer. The officer then saw him walking down the street and stopped him to investigate. I advanced a constitutional argument that the defendant’s right to be […]
RECENT SUCCESSES 2011
Jeevan P. – December 5th – The defendant was charged with Over 80. After trial, the trial judge dismissed the charge. The judge ruled that the prosecution had failed to prove that there was at least 15 minutes separating the two breath tests that were provided by the defendant at the police station. This is […]
