Impaired Driving & Traffic Recent Case Summaries
Charges Stayed
R. v. M.
Client was charged with impaired driving and driving over 80 mg. We filed a successful Charter application arguing that the delay in bringing him to trial breached his right to be tried within a reasonable time under section 11(b).
Charges Dismissed
R. v. P.
Client was charged with care and control over 80 and impaired care and control. Police found him sleeping in his vehicle with the engine running and a half-full bottle of liquor in his pocket. His breath readings were 141 mg%, nearly twice the legal limit. We successfully argued the officer lacked reasonable and probable grounds to request a breath sample, and the readings were excluded as evidence.
Charges Stayed
R. v. R.E.
Young offender was charged with theft, failing to stop for police, dangerous driving, and driving without a licence. The 15-year-old allegedly stole gas and fled from police, with an officer suffering serious injuries during the arrest. We filed a successful Charter application arguing his right to trial within a reasonable time was breached.
Criminal Charges Withdrawn
R. v. C.B.
Client was charged with impaired driving and driving over the legal blood alcohol limit. We filed a Charter application alleging breaches of his rights against unreasonable search and seizure, arbitrary detention, and right to counsel. We convinced the Crown to withdraw the criminal charges in exchange for a guilty plea to a provincial Highway Traffic Act offence.
Bail Granted on Review
R. v. O.S.
Client was charged with uttering threats, assault with a weapon, and dangerous operation of a motor vehicle. He allegedly followed his wife to work and drove his car toward her, forcing her to jump out of the way, while threatening to kill her. After being denied bail in the Ontario Court of Justice, we successfully obtained his release at a bail review in Superior Court.
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