Archive for the ‘Criminal Driving Cases’ Category

Charges Withdrawn for Impaired Driving

Posted in Criminal Driving Cases, Impaired Driving, Over 80

My client was charged with Impaired Driving and Over 80 stemming from a single motor vehicle accident in which my client drove off the road into a ditch. It turned out that the Crown had failed to subpoena one of their witnesses and on the day of trial this witness did not show up. I knew that the Crown could have proven their case without this particular witness but for some reason, the Crown considered this witness to be crucial to their case and requested an adjournment from the judge. I argued that my client was prepared to have his case tried that day, that there was no excuse for the Crown and police neglecting to serve this witness and that my client would be severely prejudiced by having to come back on some future date to have his case heard. The judge agreed and denied the adjournment request. The Crown subsequently withdrew the case against my client.

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Drunk Driving Charges Dropped

Posted in Criminal Driving Cases, Impaired Driving, Over 80

My client was charged with Impaired Care or Control and Over 80.  After the trial began and the arresting officer testified, I convinced the Crown that they had significant problems with their case.  The Crown subsequently agreed to drop the drinking and driving charges and offered my client a plea to Careless Driving under the Highway Traffic Act instead.  I pointed out to the Crown that my client had not been driving and therefore could not enter a plea to Careless Driving.  Ultimately the Crown agreed to having my client enter a guilty plea to being Intoxicated in a Public Place contrary to the Ontario Liquor Licence Act.

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