The defendant has originally been charged with Refusing to provide a sample into a breathalyzer. He was convicted at trial. The decision was appealed and a new trial was ordered. Rather than go through a trial again, the Crown agreed to withdraw the charge if the defendant plead guilty to the Highway Traffic Act offence of Careless […]
Impaired Driving Solutions - Lawyer Brian Starkman DUI/DWI (Ontario) Recent Successes
G.A. – successful negotiation
The defendant was charged with Impaired Driving and Over 80. Once all the evidence was in and we were about to commence legal argument, the Crown requested to meet with me in private. As a result of concerns he had about the strength of his case on both counts, he agreed to a resolution whereby both […]
Tara R. – successful negotiation
The defendant was charged with Impaired Driving and Over 80. I had served notice of a constitutional issue prior to trial related to the officer’s grounds for arresting the defendant. Just prior to the trial date, the prosecutor, no doubt concerned about the viability of this argument, offered a resolution whereby the defendant was allowed to […]
Mohamed A. – successful negotiation
The defendant was charged with Impaired and Over 80. Once all the evidence was in and legal argument was made, the judge requested further submissions on a particular point that had been argued. The matter was set to continue on another day for that purpose. Before that date, further discussions were held with the prosecutor […]
David B. – charge dismissed after trial
The defendant was charged with Over 80. The charge was dismissed after a trial. The trial judge ruled that the breathalyzer tests were not taken “as soon as practicable”, a prerequisite set out in the Criminal Code.
Jeremy L. – trial win
The defendant was charged with Over 80. The charge was dismissed after a trial. The trial judge ruled that the breathalyzer tests were not taken “as soon as practicable”, a prerequisite set out in the Criminal Code.
Krista E. – criminal charge withdrawn
The defendant was charged with Over 80. Her breath readings were just slightly above the legal limit. the Prosecutor agreed to a resolution whereby the defendant was allowed to plead guilty to the Highway Traffic Act offence of Careless Driving for a fine and a period of probation and she was only allowed to drive for […]
Gregory I. – criminal charge withdrawn
The defendant was charged with Over 80. Prior to trial, I served a constitutional argument on the Crown arguing that the defendant’s right to counsel had been infringed. Prior to trial, the Crown agreed to withdraw the criminal charge. Instead, the defendant was allowed to plead guilty to the Highway Traffic Act offence of Careless Driving for […]
Jude M. – charge dismissed at trial
The defendant was charged with Over 80. The charge was dismissed after a trial. I was able to convince the trial judge that the documentation relating to the charge was inadequate. This argument alone was sufficient to have the Over 80 charge thrown out.
Parham H. – charges dismissed at trial
The defendant was charged with Refusing to Provide a Breath Sample into a screening device. The charge was dismissed after a trial. I was able to convince the trial judge that the Crown had not proven beyond a reasonable doubt that the defendant’s failure to provide a proper sample was intentional.
