Ms. D made it clear to us during our initial meetings that her greatest concern was avoiding the loss of her licence. While our greater goal was to help Ms. D avoid criminal sanctions at all, we aligned our focus on obtaining an outcome that did not result in the loss of Ms. D’s licence.
We began supporting Mr. M not after his initial charge of assault, but after his failure to comply charge. He had been charged with assault in the domestic context after a small argument with his girlfriend, during which she alleged he shoved her. He was released on a promise to appear before the court, and one of the conditions of the release was to avoid contact with the complainant.
If Ms. C plead guilty to Careless Driving, a Highway Traffic Act offence that did not included a criminal record, and agreed to pay a reduced fine and adhere to certain driving conditions, they would drop the Over 80 charge.
An officer of the Belleville police department received the call just after 9:00 p.m. A citizen had phoned Dispatch to report a red pickup track driving erratically.
Our client was a working professional. Charges were withdrawn and the client was able to avoid a criminal record that would have adversely affected her job.
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.
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.
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.