City: Oshawa. Ontario
Our Client: Mr. B.
Complainant: Durham Regional Police
Charge(s): Impaired by Drugs, Dangerous Operation of a Motor Vehicle
Lawyer: Richard J. Aitken, B.A., J.D.
Background: Mr. B is quite a presentable man but was struggling through some difficult times. He wanted to get a routine medical examination done but possesses a great phobia when a physicians use needles. Ultimately, there was miscommunication between the doctor, pharmacist and our client, which resulted in Mr. B. taking far more Ativan anti-depressants than a normal person should take, given the nature of the drug. Following this mishap regarding our client being advised to take an incorrect dosage of Ativan, the Durham Regional Police Service stopped Mr. B.’s vehicle as a result of erratic driving but, fortunately, before any accidents had occurred. Mr. B. had no recollection of entering his vehicle or being caution by the police to pull his vehicle over.
Goal: Mr. B. wanted to have the charges dismissed due to the poor advice, on record, he received from his doctor.
Strategy: Our strategy was to have our client testify – Mr. Aitken knew he would be an impressive and believable witness. The second part of the strategy was to attack the credibility of Mr. B.’s doctor and to expose what the doctor had done.
Verdict: After a complicated and lengthy trial, that Mr. Aitken conducted, our client was acquitted of all charges: impaired by drugs and dangerous operation of a motor vehicle. Mr. B.’s doctor was later disciplined by the College of Physicians and surgeons.