skip to Main Content

Please Note: Past results not predictive of future results.

CASE STUDY: Impaired Care or Control and Care or Control Over 80 in Oshawa

Given that the Crown was unwilling to withdraw the charge, the very clear goal in this case was simply to show the trial judge that Mr. E. had no intention of moving his vehicle from its resting point in the visitor’s parking of the townhouse complex.

CASE STUDY: Acquitted – Refusal to Provide Breath Sample

The Charter of Rights and Freedoms is very clear in its protection of a person’s right to contact a lawyer upon arrest.

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: 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.

CASE STUDY: Assault in Oshawa

Mr. F panicked and pulled his wife from the car before chasing down the moving vehicle, entering the car and turning off the engine.

CASE STUDY: Impaired Driving and Refuse Breath Sample

Mr. A was charged with Impaired Driving contrary to s. 253(1)(a) of the Criminal Code and Refusing to Provide a Breath Sample contrary to s. 253(5) of the Criminal Code.

CASE STUDY: Over 80

Our client, Mr. N, was a hard working 23 year old man, employed as a bricklayer. It was essential to our client that he keep his driver’s licence so that he could travel from job to jobs sites in the Chatham area.

CASE STUDY: Assault Allegations

It was alleged that Mr. C then grabbed . by the neck and shoved her outside and into the snowbank by placing her face first into the snowbank on the deck.

CASE STUDY: Acquittal – Over 80 mg, Failing to Have Insurance Card, & Passing by Driving off Roadway

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. B’s Charter rights were serious enough to justify the exclusion of the breath machine readings.

CASE STUDY: Acquittal: Over 80

Over 80 cases are highly technical and involve a mixture of statutory and constitutional requirements. Failing to meet, or the violation of, those requirements often results in evidence being excluded and an acquittal entered.

CASE STUDY: Acquittal: Criminal Negligence Causing Bodily Harm and Other Vehicle-Related Offences

Following a rather serious accident, an individual was charged with criminal negligence causing bodily harm. What was their intent?

CASE STUDY: Acquittal – Care or Control of Motor Vehicle with More than 80mg of Alcohol in 100ml of Blood

It was a slow night for Barrie police and Constable W. was doing what he sometimes did in those circumstances. He was parked outside a local night spot in the hope of catching impaired drivers as they were leaving. On that late September night he spotted a black Mercedes exiting the parking lot adjacent to the bar. He decided to follow. He followed the Mercedes onto the highway where he reported observing it twice touch the white shoulder line.

CASE STUDY: Acquittal – Refuse or Fail to Provide Breath Sample

The officer made the demand that Mr. H provide a breath sample into the roadside breath alcohol screening device. Mr. H felt that he was being treated like a criminal. He asked if a friend could witness him blowing into the device, but the officer replied that they did not need an audience. He was also, at that time, not permitted to call a lawyer.

CASE STUDY: Acquittal – Care and Control Over 80

The Crown called one witness but we called three. We effectively cross-examined the Crown’s witness (the officer) and were able to present our three witnesses as credible. We successfully rebutted the presumption. Mr. T.G. was therefore acquitted of the charge.

CASE STUDY: Acquittal – Care or Control Over 80 in Oshawa

Mr. G needed to avoid all the repercussions of the criminal record that would flow from a conviction of the Over 80 offence.

CASE STUDY: Acquittal – Sexual Assault – Sexual Exploitation – Sexual Interference

Inconsistencies in evidence about the sexual touching between police statement, preliminary hearing evidence and trial evidence made evidence not reliable nor believable.

CASE STUDY: Over 80 – Police Misconduct

Ms. M had been at a local bar having a few drinks with a friend of hers.  As a result of being sexually harassed by a fellow patron (a tow truck driver), our client left the bar and drove to McDonald's for a snack.  The tow truck driver followed her out, and called the police to report a possible DUI. The reality is that the tow truck driver was hoping that our client would be arrested so he could tow the car and impound it for seven (7) days - perhaps earning $1,000 in the process.

CASE STUDY: Care & Control and Over 80 Acquittal

Mr. G had been watching the CFL Grey Cup while he hung out with a few of his friends on the night of Sunday November 25 to Monday November 26, 2014. At the time, he was facing a serious financial burden as he was supporting his new, young family.  After entering the car with his friends, he turned towards the street from the parking garage but shortly made an additional turn to return to the parking garage. An officer, who was located across the street, grew suspicious that he should be entering the vehicle so late on a Sunday night / early Monday morning on Grey Cup day and decided to investigate.

CASE STUDY: Acquittal – Impaired by Drugs and Dangerous Operation

Following a mishap regarding our client being advised to take an incorrect dosage of Ativan, the Durham Regional Police Service stopped Mr. B's vehicle as a result of erratic driving but, fortunately, before any accidents had occurred. Mr. B had no recollection of entering his vehicle or being caution by the police to pull his vehicle over.

FREE CONSULTATION

We're here for all criminal offences including sexual offences, driving offences, violent offences, white collar crime and drug offences.

Back To Top