Posts Tagged ‘No Jail’

Breath Test Charges Stayed

Posted in Criminal Driving Cases, Refusing to Provide a Breath Sample

My client was charged with Refusing to Provide a Breath Sample at the side of the road.  The police stopped M.F.’s vehicle after seeing it mount the curb as it made a turn.  The police could smell alcohol on my client’s breath and demanded that he do a roadside breath test.  My client made several attempts to provide a sample but none registered and the officer thought my client was screwing around and arrested him for Refuse.  He was then taken to the police station where the police held him for several hours because they thought he was being belligerent.  Prior to the trial, I filed an Charter application alleging that my client’s right to be free from arbitrary detention was violated because there was no need for him to be taken to the police station and held for several hours.  On the morning of trial, I spoke to the Crown who decided not to oppose my application and stayed the charge against my client.  For my client, this result meant the same thing as an acquittal or a withdrawal of the charge.

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Impaired Driving and Over 80 Reduced to Careless Driving Charges

Posted in Criminal Driving Cases, Impaired Driving, Over 80

My client was charged with Impaired Driving and Over 80. The police observed my client driving on the 401 for several minutes and video recorded it with a camera installed in their police cruiser. R.J., who had difficulty understanding English was eventually stopped and immediately arrested for Impaired Driving. He was taken to the police station where he blew over the legal limit and was additionally charged with Over 80. I filed a Charter application alleging that my client’s right to counsel was violated as he was not put in touch with a lawyer who could speak his language. After I completed my cross-examinations of the investigating officers, I established that the police were clearly having difficulty communicating with my client and that he was not communicated his rights in a way he could properly understand. My cross-examination of the arresting officer also revealed that his recollection of what had occurred that night was very limited. As a result, the Crown agreed to accept a plea to Careless Driving under the HTA instead of proceeding with the drinking and driving charges. My client was more than happy to take the deal.

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Motorcycle Dangerous Driving and Flight from Police Charges Dismissed

Posted in Criminal Driving Cases, Dangerous Driving

My client was charged with Dangerous Driving and Flight from Police.  It was alleged that N.M. was riding a motor cycle at more than 190 km/hr on the 404 and that when a police cruiser attempted to pull him over at a stop light on an exit ramp, N.M., took off at extremely high speeds and got away.  The police got the license plate of the bike and interviewed the registered owner who claimed that my client was in possession of the bike at the time of the incident and that my client had confessed to him everything that the police alleged had occurred.  At trial, after my cross-examination of the owner of the bike, I exposed several inconsistencies between what the witness had told the police in a video recorded interview and his testimony at trial.  Ultimately the Crown invited the judge to dismiss the charges against my client.

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Obstructing Justice Charges Withdrawn, No Jail Time for Fraud Charges

Posted in Criminal Cases (Non-Driving), Fraud

My client, who had a criminal record, was charged with Obstructing Justice (a straight indictable offence) and Fraud for passing himself off as a lawyer and attempting to represent an individual charged with a criminal offence.  These were very serious allegations and the Crown was seeking a jail term.  On the date set for a preliminary inquiry, I had a meeting with the judge and the Crown attorney.  At the meeting, I managed to convince the Crown not to proceed on the Obstruct charge after arguing that my client’s actions did not make out the elements of that particular charge. My client then entered a guilty plea to the fraud charge.  At sentencing, the Crown still sought a jail term but I successfully convinced the judge to impose a suspended sentence with probation instead.

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Posted in Criminal Cases (Non-Driving), Drug Charges

My client was charged with Failing to Remain at the scene of an accident, Possession of a Controlled Substance and Breach of an Undertaking to a Peace Officer.  These charges all stemmed from a single motor vehicle accident in which it was alleged that my client had crashed his car and afterwards had fled the scene.  At the time he was on an Undertaking from previous outstanding charges with conditions that he not drive and that he not consume alcohol or non-prescription drugs.  The police also found a garbage bag with approximately one pound of marijuana outside the car.  I convinced the Crown that although there was some circumstantial evidence to suggest my client had been driving the vehicle, there was not enough to sustain a finding of guilt at trial.  Ultimately the Crown agreed to withdraw the charges in return for a $300 charitable donation.

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No Jail Term for Domestic Assault

Posted in Criminal Cases (Non-Driving), Domestic Assault

My client, who had a criminal record, was charged with three Domestic Assaults stemming from incidents that occurred on three separate days.  As well my client was charged with breaching a term of his bail by contacting the complainant mere minutes after he was released on bail. The Crown was originally seeking a jail term, but ultimately my client avoided jail and was placed on probation instead with terms that he not contact or communicate with the complainant without her consent and that he go for alcohol counselling.

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