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Please Note: Past results not predictive of future results.

CASE STUDY: Over 80 – Reduced Fine and No License Suspension

With an Over 80 charge, our client was able to avoid a criminal record and losing his driver’s licence as a result of cross-examination.

CASE STUDY: Conviction appeal – Failing to comply with the regulations of the Occupational Health and Safety Act

We successfully appealed our client's conviction. This was a novel issue that had not previously been decided and was reported in a reputable law journal.

CASE STUDY: Resolved with a plea – Over 80; Open Alcohol; No Life Jacket

In this case, the Crown agreed that our client's rights had been breached by police, and the file was resolved with a creative plea.

CASE STUDY: Over 80 – Charge Withdrawn and No Criminal Record

Our client, a young first time offender with hopes of attending university and starting a career, was able to avoid a criminal record as well as implications for his driver's license.

CASE STUDY: Charges Dismissed – Indecent Assault on a Male and Administering Noxious Thing

The story the complainant gave was filled with contradictions; both internal contradictions, and contradictions with the stories of the rest of the family. That said, the majority of the defence relied upon the uncorroborated evidence of the accused and other members of the family, making the case more complex.

CASE STUDY: Acquittal – Refusing to Provide a Breath Sample in Oshawa

His Honour agreed that, following the precedent of R. v. White [1992] and R. v. Roberts [2018] the statement given by Mr. S. implicating himself as the driver would be excluded as evidence.

CASE STUDY: Acquittal – Failure to Provide a Breath Sample into an Approved Screening Device in Oshawa

Mr. K was acquitted on the grounds that the Crown failed to prove that Mr. K.’s refusal to provide a breath sample was intentional and not a misunderstanding.

CASE STUDY: Over 80 Acquittal in North Bay

During the cross examination we focused on the violation of s.10(b), and revealed that there were actually major gaps in the officers recollection of the events at the station.

CASE STUDY: Dismissal of Charges – BAC Over 80, Impaired Driving & Possession of Open Alcohol While Driving in Brantford

The judge noted that while both the Crown and defence had presented a substantial amount of evidence he was concerned with the lack of certainty the Breath Tech had in the accuracy of the Intoxilyzer 8000c reading at the time.

CASE STUDY: Sexual Assault in Peterborough

Mr. C came to our office in a state of panic. He had been accused of sexual assault stemming from a sexual encounter with an acquaintance that he was adamant had been, at all times, consensual.

CASE STUDY: Care or Control Over 80 / Impaired in Peterborough

 It was clear to us that Mr. B’s name had been searched before police decided to arrest him. In the time the search was being conducted, no further indicia of impairment were noted by the officers.

CASE STUDY: Driving Over 80 / Care or Control in Lindsay

When police arrived on scene, Mr. K was outside of his vehicle asking for police assistance. Officers then detected the odour of alcohol on his breath.

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