The defendant was charged with Fail to Stop after an accident. The charge was dismissed after a trial. The trial judge agreed with my argument that the Crown had not proven beyond a reasonable doubt that the defendant knew he had been involved in an accident before he left the scene. On that basis, the […]
Impaired Driving Solutions - Lawyer Brian Starkman DUI/DWI (Ontario) Recent Successes
Philip V. – charges dismissed after trial
The defendant was charged with Impaired Driving and Over 80. Both charges were dismissed after a trial. The judge accepted my argument that the evidence led regarding impairment was insufficient to prove the allegation beyond a reasonable doubt. The judge also accepted both arguments I made regarding the Over 80 charge. Specifically, the judge agreed that […]
Daniel P – DUI charge negotiated down to a traffic ticket
The defendant wash charged with Over 80. The matter had begun on a previous day. All the evidence was led and I concluded my submissions. The case was adjourned for the purposes of allowing the Crown to make his reply submissions. Prior to making his submissions, the prosecutor contacted me and was prepared to offer […]
Brooke O. – DUI charge dismissed after trial
The defendant was charged with Over 80. The charge was dismissed after a trial. The judge accepted my argument that the defendant’s right to consult with her counsel of choice had been infringed. Although the officer maintained that she attempted to contact this lawyer, the lawyer testified at trial and produced evidence that no such call […]
Michael S. – DUI charges withdrawn after negotiation
The defendant was charged with Impaired Driving, Over 80 and Assault Police. The defendant was observed at a fast food drive thru by staff who called the police believing the defendant was impaired. Police attended at the defendant’s residence and had dealings with him in his backyard. The defendant then entered his residence and was […]
Peter M. – DUI charges dismissed after trial
The defendant was charged with Impaired Care or Control of a motor vehicle, Over 80 Care or Control of a motor vehicle and Breach of Undertaking. The judge dismissed the Impaired and Over 80 charges after a trial. The judge accepted that the defendant was impaired when observed by the police. However, the police observed the defendant […]
Stephen S. – Dangerous Driving charge withdrawn
The defendant was charged with Dangerous Driving. The evidence the prosecution would have relied upon at trial was, for the most part, excessive speed by the defendant. After protracted negotiations with the prosecution, a resolution was worked out whereby the defendant was allowed to plead guilty to Careless Driving under the Highway Traffic Act for […]
Craig M. – DUI charge negotiated down to traffic ticket
Client was charged with “Over 80”, one of two possible DUI charges. All criminal charges withdrawn.The trial began and proceeded halfway through the testimony of the Crown’s first witness. After extensive off-the-record discussions with the Crown attorney and the police, a senior Crown approved a plea deal whereby the client plead guilty to Careless Driving […]
Christine L. – DUI charge dismissed after trial
The defendant was charged with Over 80. The charge was dismissed after trial. There was conflicting evidence between the arresting officer and the breathalzyer technician as to the time the first breath test was taken. This conflict raised a doubt in the judge’s mind as to whether there was at least 15 minutes separating the […]
Tyler F. – DUI charges negotiated down to traffic ticket
The defendant was charged with Impaired Driving and Over 80. This case involved a serious motor vehicle accident where the defendant was injured and blood samples were taken from him rather than breath samples. Prior to the trial date, I had served a Constitutional argument on the prosecution alleging several violations of my client’s Constitutional […]
