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Charge(s): Impaired operation, over 80
Location: Brockville, Ontario
Our Client(s): Mr. M
Year: 2023
Lawyer/Paralegal: Virginia Dolinska
Ottawa Criminal Lawyer - Virginia DolinskaLEARN MORE

Please Note: Past results not predictive of future results.

The Background

Mr. M served in the U.S. military and did not have a criminal record. While visiting Canada, and upon crossing the Canadian border, he was investigated by the CBSA officers for drinking and driving. Mr. M was issued a roadside breath demand a failed the breathalyzer test. He was then turned over to the local police forces and transported to the police station to provide further breath samples. Mr. M blew well over the legal limit and was charged accordingly.

The Goals

The objective was to persuade the Crown Attorney to have Mr. M’s criminal charges withdrawn for a plea to careless operation under the Highway Traffic Act.

The Strategy

Although on the face of it, it appeared that the Crown Attorney had a strong case against Mr. M, after a careful review of disclosure and the conduct of the CBSA officers, it became clear that Mr. M had strong defences and that the Crown Attorney could be in a difficult position proving the allegations beyond a reasonable doubt.

The Results

Mr. M entered a guilty plea to careless operation under the Highway Traffic Act which resulted in his Criminal Code charges being withdrawn.

Our client felt we did an excellent job in defending him and resolving his matter without a criminal record.


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