Skip to content


Charge(s): Over 80
Location: Kingston, Ontario
Our Client(s): Mr. K
Year: 2020
Lawyer/Paralegal: Virginia Dolinska
Ottawa Criminal Lawyer - Virginia DolinskaLEARN MORE

Please Note: Past results not predictive of future results.

The Background

Police were notified with information that Mr. K was involved in an assault with his brother and left the scene intoxicated. Shortly after, Mr. K was pulled over while operating his vehicle. After making some incriminating admissions to the officers, Mr. K was asked to provide a breath sample in an approved screening device on the roadside.

Mr. K provided a fail sample after which he was arrested for operating a vehicle with a blood alcohol concentration of Over 80 and was transported to the police station to provide further samples. Once at the police station Mr. K provided two additional breath samples confirming he had a blood alcohol concentration over the legal limit.

The Goals

Mr. K had some potential triable defences in his case, most notably, the defence of necessity. Mr. K did not intend to drive on the evening of the incident, he knew he will be staying with family and that he would be consuming alcohol. However, we learned that Mr. K was assaulted by his brother who continued to attack him. Mr. K was left with little choice but to make the decision to drink and drive.

The Strategy

Upon discussing the case with the Crown Attorney, the specific facts of the offence were presented indicating Mr. K was in a problematic situation and one that could mean potential risk to his health and safety. Couples with breath samples that were on the lower range as well as the lack of a previous criminal record, we pushed for a resolution that would not bring about a criminal conviction and a driving prohibition.

The Results

The Crown Attorney agreed to withdraw the Over 80 charge and have Mr. K plead guilty to careless driving under the Highway Traffic Act with a fine and a one year provincial offences probation. Mr. K was happy beyond words.


Tell us a bit about yourself and the situation.  Completing this form helps us book your free consultation with the most appropriate lawyer at our firm and at a time that is most convenient to you.
Please enable JavaScript in your browser to complete this form.
Let's start with the basics. What is your name?
More information on our privacy policy can be read here: Privacy Policy.

Please note that the submission of this form does not mean that we are your retained lawyer. This is a form establishing preliminary information regarding the scheduling of a free, 30-minute consultation. Any personal information collected through means such as consultation forms will not be conveyed or shared except to the extent necessary to properly represent you and your case. Aitken Robertson will never sell any personal information. We value your privacy.

SMS Disclosure: By providing a telephone number for SMS/Text purposes and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. You can reply STOP to opt-out of further messaging.

Back To Top