IMPAIRED DRIVING CASE WINS

IMPAIRED DRIVING CASE SUCCESSES

• R. V. R.P. (OLD CITY HALL, TORONTO)

  • Charges: Over 80
  • Strategy: Seek exclusion of evidence based on violation of client’s constitutional rights under s. 8 and 9 of the Charter of Rights.
  • Result: Application successful. Charges dismissed.

• R. V. A.M. (ORANGEVILLE)

  • Charges: Impaired, Over 80
  • Strategy: Notice filed to exclude breath readings based on violation of client’s constitutional rights.
  • Result: Application successful. Charges dismissed by trial judge.

• R. V. A.S. (NEWMARKET)

  • Charges: Impaired Driving, Over 80
  • Strategy: Application to stay charges based on violation of client’s right to be tried within a reasonable time as mandated by s. 11(b) of the Charter of Rights
  • Result: Charges stayed by trial judge.

• R. V. S.K. (NEWMARKET)

  • Charges: Impaired by Drug
  • Strategy: Point to Crown to frailties in its case, including failure to read demand and lengthy detention of client in rear of vehicle while awaiting evaluating officer to arrive on scene
  • Result: Charge dropped by Crown prior to trial.

• R. V. R.M. (1911 EGLINTON, TORONTO)

  • Charges: Impaired Driving, Over 80
  • Strategy: Convince Crown Attorney that client’s right to be tried within a reasonable time will be violated if continue with prosecution.
  • Result: Charges withdrawn by Crown.

• R. V. P.S. (OSHAWA)

  • Charges: Over 80
  • Strategy: Identify police violations of client’s constitutional rights and seek exclusion of evidence pursuant to Charter of Rights.
  • Result: Application granted. All charges dismissed.

• R. V. M.G. (NEWMARKET)

  • Charges: Over 80
  • Strategy: Application brought to stay charges based on violation of client’s right to tried within reasonable time as required by s. 11(b) of the Charter of Rights.
  • Result: Charge stayed by trial judge.

• R. V. R.P. (OLD CITY HALL, TORONTO)

  • Charges: Over 80
  • Strategy: Seek exclusion of evidence based on violation of client’s constitutional rights under s. 8 and 9 of the Charter of Rights.
  • Result: Application successful. Charges dismissed.

• R. V. C.J. (1000 FINCH, TORONTO)

  • Charges: Over 80.
  • Strategy: Cross-exam arresting officer at trial respecting delay in conducting roadside breath test.
  • Result: Trial judge agrees test not administered “as soon as practicable. Client found not guilty.

• R. V. N.G. (KITCHENER)

  • Charges: Over 80
  • Strategy: Seek exclusion of breath results based on police breaching client’s rights to counsel pursuant to s. 10(b) of the Charter of Rights
  • Result: Application granted. All charges dismissed by trial judge.

• R. V. S.G. (1000 FINCH, TORONTO)

  • Charges: Over 80
  • Strategy: Identify issue with delay in seizure of client’s breath samples at the police station.
  • Result: Client acquitted of all charges.

• R. V. S.Q. (BRAMPTON)

  • Charges: Over 80
  • Strategy: Argue that police violated client’s constitutional rights and evidence should be excluded
  • Result: Application successful. All charges dismissed.

• R. V. K.F. (1911 EGLINTON, TORONTO)

  • Charges: Over 80
  • Strategy: Point Crown Attorney to police violation of client’s constitutional rights.
  • Result: All charges withdrawn prior to trial.

• R. V. Z.K. (OWEN SOUND)

  • Charges: Impaired, Over 80
  • Strategy: Argue that Crown failed to prove that breath samples were seized “as soon as practicable”
  • Result: Trial judge agrees. Not guilty.