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Charged with DUI in Ontario? Fight The Charges.
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Justin MarchandCity: Toronto, Ontario
Our Client: Mr. B.
Complainant: Toronto Police Services
Charge(s): Operation of Motor Vehicle with More than 80mg of Alcohol in 100ml of Blood and provincial offences of Failing to Have an Insurance Card and Passing by Driving off a Roadway
Lawyer: Justin Marchand

Background: On a July afternoon a motorcycle cop was riding down the Don Valley Parkway in Toronto. A vehicle travelling in the right lane caught his attention as it moved suddenly to the right of the bull nose and entered the Richmond Street exit of the Don Valley Parkway. In order to do this the vehicle had to cross a solid white line. The officer felt that the driver had made a risky move, so he decided to pull the vehicle over. When the officer had stopped the vehicle and dismounted from his motorcycle, he could see that there were two male occupants in the vehicle. The Mr. B. was the driver, and the other occupant was beside him, in the passenger seat. The officer had a conversation with Mr. B. about his abrupt turn off. As he spoke with Mr. B., he detected a smell of alcohol. When he asked for the usual driving documents, he found that Mr. B. was missing his automobile insurance card. Then the officer noted that the smell of alcohol appeared to be coming from the driver, Mr. B. He did not record in his notebook the state of sobriety of the passenger. He demanded that Mr. B. give a breath sample by blowing into a roadside screening device. Mr. B., who was at all times polite and cooperative, did so, and registered a “fail.” Because Mr. B. failed this screening test, the officer had the grounds to demand that Mr. B. accompany him to the police station to provide breath samples into the more accurate breath machine there. When Mr. B. gave his samples at the station, he “blew” well over the legal limit of 80 mg of alcohol in 100 ml of blood. As a result, he was charged with the criminal offence of “Over 80.”  Additionally, he was charged with two provincial offences: failing to have an insurance card and passing by driving off a roadway.

Goal:  The goal was to avoid a criminal record. The plea deal offered would only yield a marginally better outcome then losing at trial and would still leave him with a criminal record. Therefore, the matter would go to trial.

Strategy:  The principle issue in the case revolved around the roadside breath alcohol screening device test and whether the officer had the necessary grounds to make the demand that Mr. B. provide a breath sample into that device. If it could be shown that the officer did not have the grounds to make that demand, the result of the roadside screening could not be used. Without that result, the officer would not have had the grounds to then demand that Mr. B. accompany him to the police station to give additional breath samples into the more accurate breath machine there. Without those breath samples, there would be no evidence of Mr. B. having a blood alcohol concentration over 80 and the Crown would therefore not have a case. We would raise a Charter challenge and argue that there had been breaches by the police of Mr. G.’s constitutional rights under s. 8 (the right to be secure from unreasonable search or seizure) and s. 9 (the right not to be arbitrarily detained) of the Charter. We would then argue that the breaches of his Charter rights were serious enough to warrant the exclusion of the breath sample evidence – without which there could be no conviction for the offence of “Over 80.”

Verdict: We were successful in our arguments that there had been infringements of Mr. B.’s s. 8 and s. 9 Charter rights by the police, and further, that these breaches of Mr. G.’s Charter rights were serious enough to justify the exclusion of the breath machine readings. Mr. B. was acquitted

Please Note: Past results not predictive of future results.

Some of Our Google Reviews

I had my first trouble with law couple of months and we found Edmund Chang. He helped me through all the process professionally moreover, he really cares about my best interest, he will check if I comfortable with all decisions we were going to make and if not, he will not push it. Other things that really stand out, he is approachable as well as responsive to follow up. In the end, we settled the case and I can move more
Krystal Stacy
17:19 15 Jun 18
I was charged with over 0.80 and Impaired Driving charges. I didn't think I had any chance, but Justin Marchant managed to get me out with a careless driving charge. Thanks to him, I don't have a criminal record!!! Very friendly, sharp, professional, and dedicated individual. He did a great job prepping me for the trial, and prepping for the case. I highly recommend this firm, as if it wasn't for them, I'm not sure what would have happened to my life. I made a nasty mistake, one which I will never ever make again. Some lessons have a big price to be more
Sean Jamali
15:20 07 Jun 18
Recently I was charged with over .80, Justin Marchand help me WIN this charge, from the moment I contacted him, he was very professional and upfront, He always responded to my calls and answered all my questions, He prepared me really well before trial. I would 100% recommend him and his team, Job Well done… “Sometimes good people make mistakes”read more
17:16 07 Jun 18
Mr. Marchand is an amazing lawyer. He is very personable and professional. My case was a very long and drawn out case, but Mr. Marchand always kept up with everything and I was always well informed. I really appreciated that he would take the time to fully explain his thought process/strategy and was never condescending. Even though this was a stressful time, Mr. Marchand made it a great experience and took care of more
Rochelle Jenifer
17:30 15 Jun 18
Once again amazing ! I am writing this review as I always refer my friends to this firm. THEY ARE THE BEST ! My friend was pulled over at the us border on a random check and in turn got charged with a refusal. My friend did not know that refusing to take a breathalyzer was a criminal offence. In fact as soon as he realized it he asked the officers to take it but they refused him. In turn he was charged with a refusal. Aitken Robertson specializes in DUI and cases such as this.. so it was an immediate call to them that i put in for him. Right then and there they took over. As usual, they offered a payment plan and of course they took care of everything all the pre-trial meetings etc. Justin was the laywer for him and not only is he the MOST thorough he is the most out for justice. He found the errors that the officers made and he used it to my friends advantage. He went above and beyond to find the best resolution with the crown. He went above and beyond to give my friend all his options. And the best part is that NO CRIMINAL CHARGES. It was reduced basically down to a speeding ticket as a result of Justins hard work. The whole firm is stellar. They take time to go through your disclosure to confirm any and all details are correct.The justice system is a corrupted one and im thankful these lawyers know how to find a way to help us through that. Justin once again did an amazing job. Susan at the firm is great she helps out with payment plans etc. Brenda is great. Robert of course its just a great team of laywers. Do not go anywhere else ! I will recommend them time and time more
19:28 26 Jun 18
When my daughter's boyfriend had a problem I looked up Jordan Tekenos-Levy. Jordan did an amazing job defending this young man. He showed compassion and care in a very sensitive issue. Jordan is a great lawyer, he fights hard for his clients and ensures their loved ones are kept in the loop during the entire process. He is honest and doesn't sugar coat the situation. I would highly recommend his services. We owe him a huge debt of gratitude and I wish him all the best in the more
Laurene Smith
02:58 16 Nov 18
I was falsely accused of a crime and I sought out representation. I did not know exactly where to go, I was in a panic as I've never seriously run afoul with law enforcement. Mr. Nathan Baker and his staff were assigned to my case, and I am thankful that they were. Knowing I was innocent I still was worried about how everything was going to play out as I wondered 'how could this even be happening'. Mr Baker and his staff helped walk me through the court process that was completely unfamiliar to me, besides what Id seen on television. It was a two year process, and every step of the way all my questions and inquisitions were answered and put at ease. I give this Firm my full endorsement, they believed in me, supported my case and followed through on every detail pertaining to it, and defended me to a correct Not Guilty verdict. For that I will be forever grateful. I've never had the need for an attorney to represent me before the false accusation, and I hope I never need it again. But if I do, I'd want this firm to represent more
Zak Piva
03:06 28 Oct 18
I would like to thank the lawyers at Aitken Robertson especially Philip Stiles and Lavina Inbar for helping me thru this most difficult time.Everyone i was in contact with were very polite and professional.Being a very high stress time of my life i could not have been happier to hear a "Not Guilty " verdict.I will always recommend Aitken Robertson to anyone i hear of needing a good lawyer.Thank you all very muchMauriceread more
Maurice Flight
20:22 31 Oct 18
Justin provided thorough and caring representation for my friend who had a court proceedings. I would recommend Justin and the Aitken Robertson team to anyone in a similar situation. Thanks!
Rexy H
19:26 08 Sep 18
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