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Please Note: Past results not predictive of future results.

CASE STUDY: Roadside Breath Refusal

In the Court’s judgment, the court agreed with Mr. Marchand’s argument that the observations by police did not reach a threshold suspicion to authorize a demand for a breath sample into an Approved Screening Device.

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CASE STUDY: Charges Withdrawn – Over 80

Mr. C experienced what many of us have in the past; an argument with his partner. At the time he was only a few minutes from his house at a local bar. He wanted to return home quickly due to the fight, so he finished his beer, got in his car, and began to drive home.

CASE STUDY: Conditional Discharge – Assault Causing Bodily Harm

An accused that agrees to participate in counselling, community service hours, and agreements to uphold the peace, saves the government money and helps put the accused back in society where they can be a productive citizen.

CASE STUDY: Charges Withdrawn – Drug Trafficking

Mr. P had lived in Canada since the early 2010s but was not a full citizen. A criminal conviction could result in his deportation. He had a personal and professional life for himself here, including family members, and did not want to be forced to leave.

CASE STUDY: Plea Down to Careless Driving – Over 80

Mr. W’s position as a hockey coach, his new job, and his future goals to start a business and own a home were at risk. He’d been convicted for the same offence once before and knew a second conviction could be worse.

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: Plead Down to Non-Criminal Charge – Over 80

Dan Lemaire’s familiarity with Charter rights often serves as a major asset for his clients, and Ms. C is a perfect example of this.

CASE STUDY: Evidence Inadmissible and Charge Dismissed – Over 80

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.

CASE STUDY: Sexual Assault

The sexual assault charge was withdrawn at the request of the Crown. Mr. F entered into a s. 810 peace bond which essentially required him to have no contact with the complainant for a period of one year.

CASE STUDY: Obtaining Sexual Services for Consideration from a person under 18

Mr. O was charged in Oshawa with one count of Obtaining Sexual Services for Consideration from a person under the age of 18.

CASE STUDY: Impaired Operation and Over 80-No Conviction

Less than one week before trial the Crown ceased with the prosecution and offered to withdraw Ms. H's charges for a plea to a Highway Traffic Act offence of careless driving.

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: 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: Charges Withdrawn: Theft Under $5000 (Shoplifting) & Possession Of Stolen Property Under $5000

Mr. S, a successful executive, had a lot on his mind. His adult autistic son was going through some difficult changes, his wife was coping the recent suicide of someone close to her. While Mr. S was picking up a few groceries and other small items, he forgot to pay for a couple of packs of batteries and a small movie figurine (costing $12.99) that got covered by items at the bottom of his shopping cart.

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: Dismissal – Impaired / Over 80 Charges in Oshawa

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.

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: Over 80mg – Stay of Proceedings

Ms. B had just recently arrived back to Canada. Her plane had only just landed not long before she was stopped by the Ontario R.I.D.E. program as she drove home from the airport. She explained to the officer that she was feeling jetlagged but the officer could smell an odour of alcohol coming from her breath. She was placed under arrest after failing the approved screening device test.

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.

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