Over 80 and impaired operation charges dismissed: Peter’s Case

Over 80 and impaired operation charges dismissed: Peter’s Case

CHARGES:

Impaired operation of a motor vehicle contrary to section 253 (1) (a) of the Criminal Code of Canada.

Operating a motor vehicle with a blood-alcohol concentration that exceeds eighty milligrams of alcohol in one hundred millilitres of blood contrary to section 253 (1) (b) of the Criminal Code of Canada.

BACKGROUND: On Innes Road, a witness saw a man drive his car into a light standard on a median.  The witness, after seeing the collision, followed the driver as he left on foot. Later, paramedics arrived and Peter agreed to be examined in an ambulance before police arrived on the scene. When officers arrived, they smelled alcohol on Peter’s breath and administered a test that resulted in a reading of “F” or fail. Peter was then arrested and brought into the police station, where he failed two more breath tests.

Read the Summary of Police Allegations

GOALS: I did not want Peter to be burdened with a criminal record, and we wanted him to be able to keep his license. When Peter hired me to represent him, I wanted to do everything possible to have his charges dismissed or dropped.

STRATEGY: I believed that the Crown was in violation of Peter’s rights under Sections 11(b), and 24(1) of the Canadian Charter of Rights and Freedoms. I thought there to be several problems with the administration of the trial:

  • After multiple adjournments, the Trial commenced more than 19 months after charges were laid.
  • The delay of the proceedings was largely caused by the fact that not all efforts to serve a witness in the trial were exhausted.  Peter’s right to a trial within a reasonable time was violated.

RESULTS: According to the judge in trial, not enough had been done by police to locate a witness in this case that had relocated to British Columbia. That was one of several issues that caused Peter to have his right to a trial within in a reasonable time violated. The charges were dismissed.

Click here to Read the Judge’s Decision

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