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CASE DETAILS

Charge(s): Impaired x 1; Over 80
Location: Oshawa
Our Client(s): Ms. B
Year: 2023
Lawyer/Paralegal: Channdeep Nagi
Channdeep Singh NagiLEARN MORE

Please Note: Past results not predictive of future results.

The Background

Ms. B hired the law firm of Aitken Robertson Professional Corporation to represent her before the Ontario Court of Justice. Ms. B was charged with the offences of impaired driving and over 80. Ms. B was regularly employed. The Crown was asking for a plea to the impaired driving charge for a fine of $2,000. A guilty plea to the impaired charge under the Criminal Code of Canada would have led to an automatic one year driving prohibition. Obviously, a guilty plea also meant a criminal record.

The Goals

To avoid having a one year driving prohibition and a criminal record.

The Strategy

Mr. Nagi reviewed the disclosure thoroughly. He reviewed all the video footage including the footage from the Durham Regional Police Service’s aerial unit. Mr. Nagi concluded that it could not be inferred from the aerial footage that Ms. B drove her vehicle in an impaired manner, although Ms. B failed to abide by certain traffic rules. Further, based on the review on the review of the disclosure—Mr. Nagi concluded that there were certain Charter breaches in the matter. A resolution meeting was conducted with the Crown’s office. Mr. Nagi conveyed all the triable issues in the matter to the assigned Crown with which the Crown concurred. The Crown decided to withdraw the Criminal Code charge given the merits of the matter.

The Results

The Crown decided to withdraw the charge against our client.

Client’s Reaction
Ms. B was extremely pleased with the final outcome of her case. She could continue with her employment. There was no prohibition preventing Ms. B from driving to her workplace. Further, Ms. B expressed her gratitude for the resolution of her case without any criminal record.

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