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CASE DETAILS

Charge(s): Impaired driving, Over 80
Location: Hamilton
Our Client(s): Mr. M
Year: 2022
Lawyer/Paralegal: Edwin Boeve
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Please Note: Past results not predictive of future results.

The Background

Our client, Mr. M, was charged with impaired driving and driving with a blood alcohol concentration of over 80mg alcohol per 100mL of blood. Witnesses to the alleged offence claimed that he had been speeding and weaving in a parking lot. When police arrived at the scene, Mr. M was arrested and brought back to the police station, where he allegedly provided a breath sample above the legal limit.

The Goals

With the Crown unwilling to withdraw the charges prior to a trial, the goal became to get a favourable outcome for Mr. M at trial. This could include pleading to a lesser offence such as careless driving under the Highway Traffic Act.

The Strategy

At trial, Mr. Boeve attacked the Crown’s evidence against Mr. M in order to raise doubt as to its reliability. In the absence of video evidence, which had been destroyed by police, the reliability of the witness testimony was important for the Crown’s case. Mr. Boeve highlighted inconsistencies and contradictions in the witness testimony in order to argue that their evidence could not establish Mr. M’s guilt.

In addition to this, Mr. Boeve highlighted that Mr. M had been held in a cell for many hours following his breath test, and that this would have to be justified in order to not constitute a breach of Mr. M’s right against arbitrary detention. Police were unable to justify this when questioned by Mr. Boeve.

The Results

The result of the trial was a success. After one day of witness testimony, the Crown offered a reduction of the charge to the non-criminal charge of careless driving under the Highway Traffic Act. Mr. M was able to keep his licence and not incur a criminal conviction.

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