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CASE DETAILS

Charge(s): Assault, Impaired driving, Over 80
Location: Perth, Ontario
Our Client(s): Mr. P
Year: 2021
Lawyer/Paralegal: Tarinpal Dhaliwal
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Please Note: Past results not predictive of future results.

The Background

Mr. P was a middle-aged man with two kids and a spouse. He was a business owner and had won several awards throughout his post-secondary education and business ownership. He found himself in trouble with the law when he was faced with two sets of allegations, involving assault, driving impaired, and driving with a blood alcohol concentration of over 80 milligrams per 100mL of blood.

This case had a particular importance to the client as he already had a previous conviction for driving impaired. If he were convicted of a second, the consequences would be severe.

The Goals

Based on the circumstances, the goal of the client was to have all of the criminal charges withdrawn. This would mean that these new charges would not appear on his criminal record.

The Strategy

With regard to the assault charge, the strategy was to argue that the actions of our client had been in self-defence, or alternatively that they were in defence of property.

Meanwhile, the challenge for the Crown with regard to the impaired driving and over 80 charges was that the Crown’s office had failed to make available important video evidence despite multiple requests, in contravention of the right of the accused to make a full answer and defence to his charges. This gave rise to an application of lost evidence, by which the charges would be stayed.

Initially, the Crown was highly reluctant to withdraw the charges.

The Results

The result of the negotiation was ultimately a success. Although the Crown initially refused to withdraw any of the charges, our lawyer was successful in raising the issue of the potential Charter breaches with regard to the missing disclosure.

Our client was given a peace bond for the assault charge, meaning that the charge was withdrawn. He was also able to have the impaired driving charges withdrawn by pleading to the lesser charge of careless driving under the Ontario Highway Traffic Act, meaning that this would not go on his criminal record. By highlighting the client’s personal circumstances and the necessity of driving for his work, Mr. Dhaliwal was also able to negotiate the terms of the resolution such that our client did not have to face a full driving suspension.

Mr. P was very happy with the result. He thanked Mr. Dhaliwal for his professionalism and responsiveness, and noted that he was persuasive and effective in his representation.

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