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...
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...
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...
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...
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...
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...
The defendant was charged with Over 80. The charge was dismissed by the judge at the end of the trial. The trial judge held that the prosecutor had not proven that the breath tests were taken “as soon as practicable”, a necessary prerequisite to an Over 80...
The defendant was charged with Impaired Driving, Over 80 and the Highway Traffic Act offence of Driving while Suspended. All charges were dismissed. The Over 80 charge was dismissed as the prosecutor failed to lead evidence of a lawful breath demand having been made...
Ryan G. – Dec. 18 The defendant was charged with over 80. The charge was dismissed after a trial. The trial judge accepted my argument that the prosecution had not proven that the defendant was, in fact, the driver of a motor vehicle that have been involved in...
