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Charge(s): Impaired Operation, Fail/Refuse to Provide Breath Sample & Speeding/Stunt Driving
Location: Napanee, Ontario
Our Client(s): Ms. M
Year: 2022
Lawyer/Paralegal: Virginia Dolinska
Ottawa Criminal Lawyer - Virginia DolinskaLEARN MORE

Please Note: Past results not predictive of future results.

The Background

Our client was pulled over by police for operating a vehicle at a speed that was much over the posted limit on the highway. During interactions with Ms. M, police determined she had alcohol in her body and made a roadside breathalyzer demand. Ultimately, police found that Ms. M was refusing to provide a breath sample and laid criminal charges. Ms. M found herself in jeopardy as she had two prior convictions for drinking and driving. As such, Ms. M was facing a mandatory minimum period of jail and a lengthy suspension of her driver’s licence. The Crown Attorney did not agree to resolve Ms. M’s matter without the mandatory minimums due to her criminal record. After reviewing disclosure, it became evident Ms. M’s rights under the Charter were breached by police conduct.

The Goals

Ms. M’s matter was set down for trial. The goal was to have our client acquitted of the Criminal Code charges.

The Strategy

An application under the Canadian Charter of Rights and Freedoms was filed for Ms. M’s trial and successfully argued after the cross-examination of the involved police officer. Various defences were highlighted including the breach of Ms. M’s language rights, and rights to counsel.

The Results

Due to the evidence, the Crown’s case was closed early in trial. Ms. M was acquitted of impaired operation of a motor vehicle and fail/refuse to provide a breath sample. The court found that our client’s constitutional rights were breached by police conduct on the roadside. Ms. M was convicted of stunt driving under the Highway Traffic Act and issued a fine.

Our client was very happy about the outcome of her case and very grateful for our advice in moving the matter towards trial.


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