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Charge(s): Driving with a blood alcohol concentration 80 and above x 1, Impaired Driving x 1
Location: Oshawa
Our Client(s): Mr. G
Year: 2022
Lawyer/Paralegal: Channdeep Nagi
Channdeep Singh NagiLEARN MORE

Please Note: Past results not predictive of future results.

The Background

Mr. G was charged with having care and control of a motor vehicle with a blood alcohol concentration of more than 80. Mr. G was also charged with having care and control of a motor vehicle while being impaired. Mr. G was found asleep in his motor vehicle. Mr. G admitted to the police officer that he was driving the vehicle. Also, police investigation confirmed that there was an accident at the scene involving Mr. G’s vehicle.  Mr. G was unable to walk and maintain balance. He had blacked out from drinking excessively the previous night while driving back to his home. Mr. G was arrested and taken to a police station where he provided two suitable samples of breath with readings of more than double the legal limit for alcohol concentration.

The Goals

Mr. G was a permanent resident. It was important for him to get acquitted of the charges against him to maintain his status in Canada. Otherwise, he would have been deported from Canada. Given that Mr. G was married and had children in Canada, it would have caused significant undue hardship to him and his family if he was deported. Winning the trial was the only option.

The Strategy

The Crown refused to resolve the charge during the resolution stage citing various aggravating factors such as high blood alcohol concentration readings, accident etc. The matter was set for trial. Mr. Nagi reviewed the disclosure thoroughly including the various video footage from the police station. After reviewing the video footage, Mr. Nagi identified two Charter breaches. The police officer failed to facilitate Mr. G’s right to counsel in a timely fashion, and the pursuant detention was found to be unlawful during the trial. At the time of the offence, DRPS did not use body cam video footage, and hence a win depended on effective cross-examination of the investigating officer at trial. At trial, the investigating officer was examined in detail in relation to the breach of Mr. G’s Charter rights. Eventually, the police officer admitted that he failed to comply with the Charter provisions at the time of Mr. G’s arrest. His Honour eventually excluded the blood alcohol concentration breath samples from the trial on the grounds that the breath samples were obtained in an unlawful manner. Also, the Crown failed to establish that Mr. G was impaired due to alcohol.

The Results

Mr. G was acquitted of both the Over 80 charge and the impaired driving charge.

How Did Our Client Feel?

Mr. G was extremely happy with the results of the trial. Mr. G was acquitted, and could stay with his family in Canada. Mr. G was also happy that there was no criminal record.


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