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CASE DETAILS
Charge(s): Over 80 & Impaired Operation
Location: Napanee, Ontario
Our Client(s): Ms. G
Lawyer: Virginia Dolinska
LEARN MORE →The Background
Our client Ms. G was operating an ATV when she struck a tree, sustaining major injuries to her head with a large cut. The female was located by bystanders, walking and bleeding. She was admitted at a hospital by EMS. Ms. G received 29 staples and 16 stitches to her head. Police was involved and the information gathered was that our client had alcohol in her body when she left her cottage on the ATV. Our client was met by officers at the hospital who quickly formed the grounds that Ms. G was impaired by alcohol. Due to her state and the injuries sustained, police requested and obtained a warrant for her blood as opposed to demanding breath samples. The warrant was executed and charges were laid two months later after a blood analysis confirmed our client had alcohol in her body while she was operating the ATV.
The Goals
Ms. G did not have a criminal record. A conviction would greatly impact our client as she was the primary caretaker of her disabled children. Without the ability to drive, our client would face major difficulties in her day to day life.
The Strategy
On the face of it, when the Crown’s evidence was reviewed Ms. G had no defence in her case. However, it quickly became apparent the requirements for obtaining a warrant to seize Ms. G’s blood as well as the requirements for a production order of medical documents might not have been met by the investigating officer. If the requirements were lacking, the evidence obtained, primarily Ms. G’s blood, could not be used by the prosecution to prove the case.
The Results
After obtaining additional evidence regarding the warrant and production order it was discovered both had flaws. After pointing out the obvious issues in Ms. G’s case, the Crown agreed to withdraw the charges for a plea to careless driving. Our client did not lose her driver’s licence and did not get a criminal record. Our client was very thankful for our help. When she initially met us she expressed a great deal of concern for her situation but was relieved when everything got resolved in her favour.
