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CASE DETAILS

Charge(s): Dangerous Operation, Over 80 Causing Bodily Harm, Impaired Operation Causing Bodily Harm, Assault with a Weapon & Breach of Recognizance
Location: Kingston, Ontario
Our Client(s): Mr. H
Year: 2020
Lawyer: Virginia Dolinska
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Please Note: Past results not predictive of future results.

The Background

Mr. H had been conversing online with a female who lived about a two hour drive from him. Our client and the female decided to meet at a local hotel where Mr. H would be staying the night. Mr. H and the female never met in person prior to this occasion. Both parties have been drinking alcohol and consuming marihuana. The night started with some drinking at the hotel which was followed by more drinking at a bar. Shortly after leaving the bar and returning to the hotel where more drinking took place, a heated argument ensued between Mr. H and the newly met female. At this point both parties were intoxicated. The female demanded Mr. H to drive her home as she no longer wished to continue the night. With little thought, Mr. H proceeded with doing so and got behind the driver’s seat. Before exiting the hotel parking, another fight followed while Mr. H was already operating his vehicle. The female decided to exit the vehicle, however, her jacket got caught while closing the door, causing her to fall to the ground. The vehicle continued to be in motion, dragging the female while she was on the ground for a number of seconds until the jacket ripped leaving her rolling on the ground with some injuries. Hotel staff witnessed the incident and informed police. Before the night ended, Mr. H attended the police station, in his vehicle, with obvious signs of impairment where a number of charges were laid. Months later, when Mr. H’s matter was pending, he was additionally charged with breaching his recognizance by communicating with his former ‘friend’.

The Goals

The objective was to keep Mr. H out of jail and ensure he was Ignition Interlock eligible. This was very challenging as our client was facing an eighteen month jail sentence coupled with a three year driving prohibition without the possibility of getting back on the road for at least one year.

The Strategy

Given the nature of the offences, Mr. H was not eligible for any early driver’s licence reinstatement and the ability to operate his vehicle with an Interlock. The initial strategy was to persuade the Crown to amend and reduce Mr. H’s charges. This would allow the defence to seek a minimum driving prohibition of one year deeming Mr. H eligible for an early reinstatement of his driving privileges. Additionally, a lengthy jail sentence was a real possibility for Mr. H especially since he was not a first time offender. The route taken was thorough preparation for sentencing and an order for a pre-sentence report.

The Results

After a number of discussions with the Crown Attorney and a number of Judicial Pre-Trials, the Crown agreed to amend the Mr. H’s charges and withdraw others. Mr. H entered a plea of guilty to Over 80, simple assault and breach. All other charges were withdrawn. Mr. H. was eligible for an early licence reinstatement. Additionally, Mr. H was able to remain out of jail and serve his sentence in the community. Our client obtained a conditional (house arrest) sentence of six months, with a three month period of house arrest followed by a period of probation. Mr. H was more than satisfied with final outcome in his matter. He understood what he was facing from the very start but allowed us to take his matter in our hands and trusted that we would obtain the best possible results. It worked out.

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