Skip to content

CASE DETAILS

Charge(s): Impaired Driving by Drug Causing Death
Location: Tri-Counties (Peterborough, Lindsay, Cobourg), Ontario
Our Client(s): Mr. R
Lawyer/Paralegal: Richard Aitken
Richard Aitken criminal lawyerLEARN MORE

Please Note: Past results not predictive of future results.

The Background

Our, Mr. R, was a young man driving on a snowy, slippery day. He lost control of vehicle and was t-boned by a truck. His passenger, who was his friend, was killed, and Mr. R himself suffered massive injuries. The potential consequences of a conviction in this case included several years in prison and a very lengthy driving suspension.

The Goals

Although the charge was very serious, the goal remained the same – acquittal or at least very significant damage control.

The Strategy

The Crown disclosure (police report) was massive. The key allegation was that Mr. R was impaired by a drug. Indeed, the toxicology report produced by the Centre of Forensic Science indicated the presence of a drug in Mr. R’s system. However, many drugs “linger” in the body for a long period after they cease having any psychoactive impact.

Circumstantially, on its face, it was a strong Crown case. There was an alleged admission by Mr. R of drug use, which hurt our case.

Ultimately, we were able to find the earliest investigative notes as evidence contradictory to there having been any admission of drug use by Mr. R. We were also able to uncover EMS records showing that the ambulance professional did not believe Mr. R exhibited any signs of drug or alcohol consumption. This was terrific news for our case.

We set the matter for a judicial pre-trial and presented these issues to the Crown and judge. Both the Crown and judge accepted that there was some merit to this argument and that the Crown had weaknesses in its case.

The Results

Because of the evidentiary challenge, the Crown offered a plea to the much-reduced charge of careless driving causing death. Mr. R received a fine and a licence suspension, but was able to avoid a criminal record and a very long prison sentence and driver’s licence suspension.

FREE CONSULTATION

Tell us a bit about yourself and the situation.  Completing this form helps us book your free consultation with the most appropriate lawyer at our firm and at a time that is most convenient to you.
Please enable JavaScript in your browser to complete this form.
Let's start with the basics. What is your name?
Acknowledgement
More information on our privacy policy can be read here: Privacy Policy.

Please note that the submission of this form does not mean that we are your retained lawyer. This is a form establishing preliminary information regarding the scheduling of a free, 30-minute consultation. Any personal information collected through means such as consultation forms will not be conveyed or shared except to the extent necessary to properly represent you and your case. Aitken Robertson will never sell any personal information. We value your privacy.

SMS Disclosure: By providing a telephone number for SMS/Text purposes and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. You can reply STOP to opt-out of further messaging.

Back To Top