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CASE DETAILS

Charge(s): Impaired Driving
Location: Peterborough
Our Client(s): Mr. T
Year: 2021
Lawyer/Paralegal: Edwin Boeve
Edwin Boeve - Criminal LawyerLEARN MORE

Please Note: Past results not predictive of future results.

The Background

Our client, Mr. T, was faced with allegations of impaired driving. He had provided a breath sample that was well over the legal limit. The consequences of an impaired driving conviction in his case would be severe, as he needed to be able to drive for his job.

Section 10(b) of the Canadian Charter of Rights and Freedoms guarantees everyone the right to consult with counsel without delay and to be informed of that right upon arrest. Part of this right is that the consultation with counsel must be private. In this case, Mr. T noted that he was able to hear the officers outside of the booth for the call with counsel, meaning that his call was likely not private. This gave rise to a potential claim that Mr. T’s right to counsel had been violated.

The Goals

Given the importance of being able to drive for Mr. T’s work, the goal was to secure a non-criminal resolution to the case, such as a lesser charge of careless driving under the Highway Traffic Act, which would allow for Mr. T to potentially get an exception to any driving restrictions for the purposes of his job.

The Strategy

In order to secure an outcome for Mr. T that would allow him to continue his work, Mr. Boeve engaged in negotiations with the Crown, in which he highlighted the potential violation of Mr. T’s right to counsel. In order to support this argument, he hired a sound expert to investigate the police station–the expert concluded that the police could not provide privacy for detainees exercising their rights to counsel. Mr. Boeve presented the report of this finding to the Crown.

The Results

The outcome of the negotiation was a success. After being faced with the report potentially damaging the Crown’s chance of getting a conviction if the case were to go to trial, the Crown offered a resolution to careless driving under the Highway Traffic Act. Mr. T was able to get out of this situation without a criminal conviction and was able to keep his driving job.

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