The defendant was charged with Over 80. The charge was originally dismissed on an extremely technical issue related to the sufficiency of the charging document. The prosecution challenged this finding before another judge and succeeded in having the matter brought before the trial court a second time. However, rather than proceeding a second time on […]
Impaired Driving Solutions - Lawyer Brian Starkman DUI/DWI (Ontario) Recent Successes
Joey P. – DUI charge dismissed after trial
The defendant was charged with Over 80. The charge was dismissed after a trial. The trial judge agreed with my argument that the prosecution had not proven that the breathalyzer tests were taken “as soon as practicable” a requirement under the Criminal Code.
Shawyne Y. – DUI charge dismissed after trial
The defendant was charged with Refuse Breath Sample, a common DUI charge variant. The charge was dismissed by the trial judge at the end of the trial. Following defence cross-examination of the arresting officer, it became clear that the officer had failed to record several instances where the client not only could have provided a […]
Grant D. – DUI charges dismissed after trial
The defendant was charged with Impaired Driving and Over 80. Both charges were dismissed after a trial. The judge dismissed the Over 80 charge as he found there was no evidence that the officer had made a lawful breath demand to the defendant upon his arrest. The judge dismissed the Impaired Driving charge as he […]
Grant P. – Charge negotiated down to traffic ticket
The defendant was charged with Impaired Driving and Over 80. I was able to persuade the Crown that there was evidence the police had infringed the defendant’s right to counsel at the roadside prior to bringing him to the police station for breath tests. As a result, the Crown allowed the defendant to plead guilty […]
Brandon C. – DUI charge dismissed after trial
The defendant was charged with Refuse Breath Sample, a common DUI charge variant. The charge was dismissed by the trial judge at the end of the trial. The Judge found that the officer who charged our client did not have the legal authority to demand he blow into a screening device, the smaller roadside machine. […]
Andrew C. – DUI charge negotiated down to traffic ticket
The defendant was charged with Impaired Care or Control of a motor vehicle and Over 80 Care or Control of a motor vehicle. The police had come upon the scene after the defendant had put his vehicle into a ditch in the middle of winter. The Crown would have had difficulty proving the case because […]
Jamie S. – DUI charge negotiated down to traffic ticket
The defendant was charged with Over 80. I was able to persuade the Crown that they may have difficulty proving their case because of a reasonably lengthy delay that occurred prior to the police administering the roadside test. The Crown agreed to withdraw the Over 80 charge and instead allowed the defendant to plead guilty […]
William W.- DUI charge negotiated down to traffic ticket
The defendant was charged with Over 80. The trial commenced in 2011 and was to continue on this date. The prosecutor recognized difficulties in his case primarily because the readings were not taken in a timely manner after the occurrence of a motor vehicle accident involving the defendant. As a result, the prosecutor offered a […]
Mario L. – DUI charge dismissed after trial
The defendant was charged with Over 80. The charge was dismissed by the trial judge at the end of the trial. In an unusual fact situation, the trial judge found that the prosecution had not proven that the certificate of the breath readings had been prepared exclusively by the breathalyzer technician as some uninitialed amendments […]
