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CASE DETAILS

Charge(s): Driving while being impaired x 1
Location: Oshawa
Our Client(s): Ms. M
Year: 2023
Lawyer/Paralegal: Channdeep Nagi
Channdeep Singh NagiLEARN MORE

Please Note: Past results not predictive of future results.

The Background

Ms. M was charged with driving with a blood alcohol concentration of more than 80. On the day in question, Ms. M attended a party where she had a few drinks. Considering herself to be in a fit state to operate a motor vehicle, Ms. M decided to leave for her house that night. On her way back, Ms. M was overwhelmed by sleep at an intersection. She was found by a police officer in the live lane of traffic while asleep in the driver’s seat of the vehicle. The vehicle was running. Police arrested Ms. M once they arrived on the scene. Ms. M was taken to the police station where she provided two samples of breath with more than twice the legal limit of the blood alcohol blood concentration. Ms. M was charged and was given a first court date and a notice of increased penalty.

The Goals

The client retained our firm to represent her at the court. Preventing a criminal record was the primary objective. Further, our aim was to resolve the charge in an efficient and cost-effective manner.

The Strategy

Given the high alcohol readings and the circumstances of the case, the Crown disagreed with resolving the charges by way of the Highway Traffic Act ticket. Mr. Nagi reviewed the file and identified multiple Charter breaches. The Charter breaches included Ms. M’s breach of privacy and the police officer’s failure to comply with the immediacy requirement of the roadside alcohol breath sample test. The matter was set for trial.

The Results

After the trial, the judge was convinced that Ms. M’s Charter rights were breached. Further, an additional Charter breach was identified when the investigating officer was cross-examined on the stand in the trial. Eventually, Ms. M’s alcohol breath samples were excluded from the Crown’s case given they were obtained in a non-complainant manner with the Charter. The Crown’s case fell due to lack of evidence. Ms. M was acquitted.

How Did Our Client Feel?

Our client was very happy with the outcome of his matter. She appreciated Mr. Nagi for obtaining an acquittal at the trial. Ms. M was pleased that she could maintain her job and did not have to worry about a criminal record.

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