The defendant was charged with Over 80. The prosecutor had concerns that I may be able to succeed on a right to counsel argument that I had put before the Court. As a result, she made an offer to my client which he accepted. Specifically, the defendant was allowed to plead guilty to the Highway Traffic […]
Impaired Driving Solutions - Lawyer Brian Starkman DUI/DWI (Ontario) Recent Successes
Daniel T. – Criminal Charge Withdrawn
The defendant was charged with Over 80. It was crucial for him to avoid a criminal record as his career as an engineer was depending on it. One of the police witnesses did not attend court that day because of illness. Although it was likely the Crown could have obtained an adjournment from the Court, […]
Chumandat M. – criminal charge withdrawn
The defendant was charged with Over 80. His readings were just slightly above the legal limit and he had no previous criminal record. Early in the proceedings, we reached an agreement with the prosecution whereby the criminal charge was withdrawn. In its stead, the defendand pled guilty to Careless Driving under the Highway Traffic Act for a […]
Max P. – charge dismissed
The defendant was charged with Over 80. The charge was dismissed after a trial. I was able to convince the trial judge that the Crown’s case was lacking in two respects. First, the Crown had not proven that the breath tests were taken “as soon as is practicable”, a requirement in the Criminal Code. Second, I was able […]
Jason G. – charge dismissed
The defendant was charged with Over 80. The defendant had readings that were just above the legal limit. He was a young male who had no previous cirminal convictions. Prior to trial, the Prosecutor agreed to allow the defendant to plead guilty to the Highway Traffic Act offence of Careless Driving. His driver’s licence was suspended […]
Baldev M. – charge dismissed
The defendant was charged Over 80. The charge was dismissed after a trial. I was able to persuade the trial judge that the Prosecution had not proven the defendant was driving a motor vehicle at the time of the alleged offence.
Nicholas B. – charges stayed
The defendant was charged with Over 80. I was able to persuade the judge that the matter had taken too long to get to trial. The charge was stayed which is the equivalent of a dismissal.
D. P. – criminal charges withdrawn
The defendant was charged with both Impaired Driving and Over 80. I was able to convince the Prosecutor that he would have difficulty proving that the defendant was driving his motor vehicle at the time in question. The Prosecutor agreed to withdraw both charges in exchange for the defendant pleading guilty to the Highway Traffic Act charge […]
Taha U. – criminal charge withdrawn
The defendant was charged with Over 80. During the trial, several cracks started forming in the Crown’s case including evidence of a video that had not been disclosed to the defence and some strong suggestion that the defendant’s constitutional rights had been infringed. Instead of risking an outright dismissal of the charge, the Prosecutor agreed […]
Patrick L. – criminal charge withdrawn
The Crown’s belief in the strength of their case (adamantly held up to this point) was lost following the evidence of their first officer witness who admitted he didn’t know exactly why he knew my client was the driver, but that he just knew. The DUI charge was withdrawn.