FILTER SUCCESS STORIES
In an unfortunate turn of events, Mr. M and three other vehicles ended up in a collision, and Mr. M was charged with dangerous operation of a motor vehicle, and dangerous operation of a motor vehicle causing bodily harm.
Mr. V was in a restaurant and unhappy with his food order. After some argument with staff, staff called the police against Mr. V. The staff complained to police that Mr. V was impaired and driving.
CASE STUDY: Charges Dismissed – Impaired Driving and Over 80 [Possession of a Schedule I Substance Dropped Pre-Trial]
Mr. S was free, unhindered by a criminal record, and the state was once again shown that rights cannot be violated based on assumption and suspicion alone.
The evidence collected after Mr. M told the officer he accepted duty counsel as his representation was deemed inadmissible, and the charges of over 80 were dismissed. Mr. M left the courtroom that day without fear that a criminal record might harm his business or his family.
Facebook messages combined with an effective cross examination of the complainant on the first day of trial proved compelling. The Crown agreed to drop the charges if Mr. A was willing to sign a peace bond. He did so happily.
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.
The story the complainant gave was filled with contradictions; both internal contradictions, and contradictions with the stories of the rest of the family. That said, the majority of the defence relied upon the uncorroborated evidence of the accused and other members of the family, making the case more complex.
CASE STUDY: Dismissal of Charges – BAC Over 80, Impaired Driving & Possession of Open Alcohol While Driving in Brantford
The judge noted that while both the Crown and defence had presented a substantial amount of evidence he was concerned with the lack of certainty the Breath Tech had in the accuracy of the Intoxilyzer 8000c reading at the time.
A security guard at a hydro project got a call in the middle of the night from a group of people who said that their truck had slid off the road and needed a tow. He called the police. When the police arrived they found a pickup full of people, completely off the road, in a snow bank. They found sealed cans of Budweiser in the bushes and some cans in the roadway.
Both the impaired and the over 80 charges were dismissed as a result of the the judge ruling that the officer's testimony was not credible.