The defendant was charged with Over 80. The charge was dismissed after trial. The trial judge ruled I had successfully argued that a reasonable doubt existed regarding whether the defendant was above the legal limit of alcohol at the time he was driving (even though he did blow over the legal limit at the police station).
Impaired Driving Solutions - Lawyer Brian Starkman DUI/DWI (Ontario) Recent Successes
Ryan D. – charge dismissed
The defendant was charged with Over 80. The charge was dismissed after trial. The trial judge ruled I had successfully argued that a reasonable doubt existed regarding the proper functioning of the breathalyzer. He also ruled that I established an infringement of the defendant’s right to be free from unreasonable search and seizure which justified the […]
Frank S. – criminal charge withdrawn
The defendant was charged with Over 80. I argued at trial that the arresting officer failed to take the necessary steps to ensure that the roadside breathalyzer would render a reliable result. In a not-so-subtle admonition to the Prosecutor, the trial judge suggested a deal be struck. The Prosecutor agreed to withdraw the charge upon the defendant […]
Kenneth Z. – criminal charge withdrawn
The defendant was charged with the criminal charge of Dangerous Driving. The facts included evidence that the defendant had consumed some alcohol and was driving in an extremely erratic manner. After lengthy negotiations, the prosecutor eventually allowed the defendant to plead guilty to the Highway Traffic Act offence of Careless Driving for fine and a […]
William R. – charge dismissed
The defendant was charged with Over 80. The trial judge dismissed the charge at the end of the trial. The trial judge ruled that the prosecution had not proved beyond a reasonable doubt that the breath tests were taken “as soon as practicable”, a statutory prerequisite to the prosecution relying upon the breath readings as evidence of […]
Chris M. – charges withdrawn
The defendant was charged with Impaired Driving and Over 80. Prior to trial, I served the constitutional motion on the crown arguing that the defendant’s right to be free from unreasonable search or seizure was infringed in this case. Prior to trial, the prosecutor offered a resolution allowing the defendants plead guilty to the offence […]
Gordon B – charge withdrawn
The defendant was charged with Over 80. Midway through the trial the Crown agreed to accept a plea to Careless Driving under the Highway Traffic Act in light of questions regarding the identity of the driver. The defendant was allowed to drive for work purposes only for 1 month and thereafter with an ignition interlock […]
Joszef B. – charges withdrawn
The defendant was charged with Impaired Driving and Over 80. Prior to the trial, I served a constitutional motion on the crown arguing that the defendants right to counsel had been infringed. Prior to the commencement of the trial, the prosecutor offered the defendant a resolution allowing him to plead guilty to Careless Driving under […]
Clark H. – charges withdrawn
Clark H. – March 4 – The defendant was charged with Impaired Driving and Over 80. During the trial, The breathalyzer technician was cross examined at length about the functioning of the breathalyzer instrument. During a break in proceedings, the prosecutor offered the defendant a resolution allowing him to plead guilty to Careless Driving under […]
Jason K – charges stayed
The defendant was charged with refusing to provide a breath sample into a screening device. At the end of the case for the Crown, I argued that the charge should be stayed (which is equivalent to a dismissal) because the arresting officer had destroyed some notes that were made during the course of his investigation. […]
