The defendant was charged with Over 80. At the end of the trial, I made three separate arguments regarding the sufficiency of the evidence led by the prosecution. The arguments included the fact that the prosecution did not lead evidence of the wording of the breathalyzer demand, that there was a malfunction in the operation […]
Impaired Driving Solutions - Lawyer Brian Starkman DUI/DWI (Ontario) Recent Successes
Arla G. – criminal charges withdrawn
The defendant was charged with Impaired Driving, Dangerous Driving and Over 80. During the trial, I cross-examined the arresting officer extensively regarding his reasonable and probable grounds for arresting the defendant. When his evidence had concluded, the prosecutor offered the defendant a resolution whereby she was allowed to plead guilty to the Highway Traffic Act […]
Kevin A. – charge dismissed
The defendant was only charged with Impaired Driving. At the end of the trial, the judge found that the evidence was insufficient to prove beyond a reasonable doubt that the defendant had been impaired while driving. The charge was dismissed.
Angelo R. – charge withdrawn
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 free from arbitrary […]
Adrian G – criminal charge withdrawn
The defendant was charged with Over 80. Partway through the trial, I was able to convince the prosecutor that he faced some significant difficulties in proving the case against the defendant. Specifically, I pointed out that the evidence would likely fall short of establishing, beyond a reasonable doubt, that the defendant’s blood alcohol level was […]
Stephen M. – charge dismissed after trial
The defendant had taken a wrong turn while visiting Buffalo NY and ended up entering Canada unintentionally. The Judge hearing the case accepted my argument that the tests were not conducted “as soon as practicable”, in other words that there was an unexplained delay in conducting the breath tests. The charge was consequently dismissed for […]
Kurtis S. – DUI charge dismissed for lack of evidence
The defendant was charged with Refusing to provide a sample into a roadside screening device. The charge was dismissed at the end of the Crown’s case. The judge found that there was no case to answer to. This is called a “non-suit”. The judge accepted my argument that there was no evidence led as to […]
Bojan. B. – DUI charges withdrawn
The defendant was charged with Over 80. His breath readings were just over the legal limit. An agreement was reached with the prosecutor to allow him to plead guilty to the Highway Traffic Act offence of Careless Driving. He was required to pay a fine and for 90 days he could only drive for work […]
Bernard J. – DUI Charges withdrawn
The defendant was charged with Over 80. The criminal charge was withdrawn. Initially the Crown had intended to have the client prosecuted to the full extent of the law, however once he retained our office and we began to negotiate on his behalf, the Crown agreed to allow the client to plead to “careless driving” […]
Kenny N. – DUI charge defeated at trial
The defendant was charged with Refusing to provide a breath sample into a roadside screening device. The charge was dismissed after trial. The judge concluded that the Crown had not proven that the arresting officer had the lawful grounds to make a demand in the first place. The judge ruled that there is no offence […]
