The defendant was charged with Impaired Driving and Over 80. Both charges were dismissed after a trial. The Over 80 charge was dismissed as the prosecutor conceded partway through the trial that the defendant’s right to counsel had been infringed and that the...
The defendant was charged with Over 80. The charge was dismissed after a trial. The trial judge ruled that the breathalyzer tests were not taken “as soon as practicable”, a prerequisite set out in the Criminal Code.
The defendant was charged with Over 80. The charge was dismissed after a trial. The trial judge ruled that the breathalyzer tests were not taken “as soon as practicable”, a prerequisite set out in the Criminal Code.
The defendant was charged with Over 80. The charge was dismissed after a trial. I was able to convince the trial judge that the documentation relating to the charge was inadequate. This argument alone was sufficient to have the Over 80 charge thrown out.
The defendant was charged with Over 80. The charge was dismissed after a trial. I was able to convince the trial judge that the Crown’s case was lacking in two respects. First, the Crown had not proven that the breath tests were taken “as soon as is...
The defendant was charged Over 80. The charge was dismissed after a trial. I was able to persuade the trial judge that the Prosecution had not proven the defendant was driving a motor vehicle at the time of the alleged offence.
The defendant was charged with Over 80. I was able to persuade the judge that the matter had taken too long to get to trial. The charge was stayed which is the equivalent of a dismissal.
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...
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...
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...
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.
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...
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...
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...
The defendant was charged with Over 80 and Careless Driving. Partway through the trial on the criminal charge, the prosecutor and I had discussions about a resolution of the matter based on the evidence that had been tendered that far in the trial. The prosecutor had...
The defendant was charged with Impaired Driving, Over 80 and Public Mischief. All charges were dismissed after trial. the trial judge ruled that the breathalzyer readings ought to be excluded from evidence based on several infringements of the defendant’s...
The defendant was charged with Impaired Driving and Over 80. Both charges were dismissed after a trial. The trial judge agreed with my argument that the prosecutor had not led sufficient evidence to prove beyond a reasonable doubt that the defendant’s ability...
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...
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...
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...
