R. v. A.O. – Impaired Driving, “Over 80”

Allegations:

Acting upon information received from a passerby, A.O. was investigated by the police sleeping inside his vehicle. Officers opened the door to check on his health. A.O. woke and immediately released the brake, causing the vehicle to move forward into the vehicle in front causing minor damage. Upon exiting the vehicle, police observed obvious sign of impairment, including a strong odour of alcohol, blood shot eyes and a lack of balance. A.A. was arrested for impaired driving and a breath demand made, with the eventual readings being very high (199 mgs and 182 mgs).

Defence Strategy:

With sustained and detailed requests for the evidence, Mr. Fedorowicz’s ensured that A.O.’s constitutional right to disclosure was protected. Delays in the disclosure resulted in the trial dates being set outside the permissible limit of 18 months as required by the Supreme Court of Canada in R. v. Jordan. An application under the Charter of Rights and Freedoms was filed with the court, where Mr. Fedorowicz argued that his client’s right to a trial within a reasonable time was violated and, as a result, the charges must be stayed.

Result:

Charges withdrawn by Crown prior to trial.