Over 80 charge dismissed: Natalie’s Case

CHARGES:

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: As she was driving away from an area where a loud party as taking place, Natalie was stopped by police. The officer who pulled her over conducted a road-side breath test, which Natalie failed. She was then taken by the officer to the police detachment for another breath test.  After failing the second breath test, she was charged with Over 80.

Read the Summary of Police Allegations

GOALS: It is well known that the consequences of an Over 80 conviction in Ontario are very serious. Those convicted often pay heavy fines, have their license suspended and are burdened with a criminal record. In this case, we set a goal to have Natalie avoid a criminal record. Natalie and I hoped we could have her charge dismissed.

STRATEGY: I applied to have much of the evidence in this case excluded because the methods used to obtain it were in violation of the Canadian Charter of Rights and Freedoms sections 7, 8, 9, 10(b), 11(d) and 24(2). We filed a Charter application making the request. I felt like there were several problems with Natalie’s arrest:

  • The officer who pulled Natalie over lacked the required reasonable grounds to stop and arrest her.
  • Natalie was not given reasonable opportunity to choose her lawyer and contact him or her at the time of her arrest.
  • The breath test conducted on the roadside was not done in a timely manner and the officer involved did not have a “Warrant to Search” which would authorize him to conduct the test.

RESULTS: The Judge in this case agreed with several of the arguments we made, and all charges against our client were dismissed at trial.

Read the Judge’s Decision

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

Searching for an Ontario Impaired Driving Lawyer? Read This First!

OTTAWA CRIMINAL DEFENCE LAWYER – Being charged with an Ontario driving offence is serious and can cause a lot of stress. You’re probably overwhelmed by the prospect of searching for a lawyer, and more importantly, finding the best one to take on your case.

As an Ottawa lawyer with a long record of success in fighting impaired driving charges, over the years I have found some helpful strategies that smart people use to find the best impaired driving lawyers for their Ontario case.

You can read about a few of these tips in my new article: Three Questions to Ask BEFORE Hiring an Ottawa Impaired Driving Lawyer.

It’s important to remember that these three pointers are only a small component of the strategy you should be using to search for a top impaired driving defence lawyer. Your strategy should also include talking with friends and acquaintances for their recommendations. Another smart plan is to do very thorough research – both online and elsewhere – on each lawyer you are considering hiring for your case.

Have you been arrested and charged with an Ontario drinking and driving offence? The Ottawa impaired driving lawyers at Auger Hollingsworth are here to help you find the best possible legal representation for your case. Call us today at (613) 233-4529 or email us at [email protected].

Fighting Drinking and Driving Charges:

Fighting Drinking and Driving Charges, gives full consideration to and is a practical guide to the particular issues that affect any person charged with a drinking and driving offence in Canada.  Written by exceptionally knowledgeable and experienced counsel who understand the legal complexities and intricacies of drinking and driving offences, this book is a must read if you or someone you care about is charged with a drinking and driving offence.  The authors engaging writing style and clarity of expression transform a complex legal topic into a clear, straightforward summary of the legal issues raised in drinking and driving cases.”

Marc-Nicholas Quinn, Legal Counsel

Plant Quinn Thiele LLP, Ottawa