The defendant was charged with Impaired, Over and Assault Police. The prosecutor agreed that there was a risk that the Crown would not be able to prove the identity of the defendant as the driver. As a result, the prosecutor and I agreed on a resolution whereby all...
The defendant was charged with Over 80. I served a constitutional argument on the prosecution well in advance of the trial. The prosecutor contacted me and conceded that there were arguable points to be made for the defence. As a result, an agreement was reached...
The defendant was charged with Over 80. The Crown could not proceed with the trial as the witnesses required to prove the case did not attend court. The charge was withdrawn.
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 All criminal charges withdrawn.The trial began and proceeded halfway through the testimony of the Crown’s first witness.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...
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...
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...
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...
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...
The defendant was charged with Over 80. The Crown was concerned about a number of problems with their case including time issues related to the taking of the breath samples as well as the length of time the matter had taken to get to trial. Indeed, we were prepared to...
The defendant was charged with Over 80. The trial commenced in 2011 and was to continue on this date. Prior to the continuation date, the Crown offered a resolution whereby they wouldwithdraw the Over 80 charge and allow the defendant to plead guilty to the Highway...
Derek P. Dec. 8 – The defendant was charged with Over 80. The breath readings were so close to the legal limit that the prosecutor ultimately conceded that he may not be able to prove that the defendant was above the legal limit at the time of driving. As a...
Jeevan P. – December 5th – The defendant was charged with Over 80. After trial, the trial judge dismissed the charge. The judge ruled that the prosecution had failed to prove that there was at least 15 minutes separating the two breath tests that were...
Lawrence K. – December 17th, 2008 – the charges against the defendant were stayed (which is the equivalent of a dismissal) because I was able to pursuade the trial judge that the matter took too long to get to trial. Jugoslav K. – December 16th,...
