Mr. B is a lot of things, but he was not a criminal. He’s a caring father of two and a dedicated stepfather of three. He’s a kind grandfather to both of his grandchildren. He and his wife are not only happily married, but hardworking co-owners of a business. He maintains excellent status with both the Financial Services Commission of Ontario and Financial Planning Standards Councils. Amongst all his commitments, Mr. B even finds time to not only attend charitable events, but to lead in charitable organizations. He’s been responsible for raising money for community improvement projects related to youth betterment, sponsors Santa Claus parade floats, and even led a group of Cub Scouts. Mr. B is a model for upstanding citizens.
While on his drive home from a charitable event, Mr. B was stopped by police in a RIDE check. He had consumed only a small number of drinks that evening, and they were spread out over several hours, but Mr. B was nervous because he rarely encounters police. He admitted to having a few drinks. His nervous demeaner and the strange look in his eyes, a result of a recent eye surgery, led police to administer tests and arrest Mr. B.
Mr. B was nothing short of embarrassed by the incident and simply wanted it over with without incurring a criminal record. If we could have the criminal charges withdrawn, other penalties like fines would be manageable.
Mr. B’s detention was a strange one, so that’s where we focused. There were inconsistencies in the police officer’s notes, Mr. B felt that he was under arrest from the beginning due to the actions and words of the officers, and there were several delays. The time between Mr. B’s initial stop and his test at the station was over 2 hours. He wasn’t instructed of his Charter protected right to contact legal counsel until the later portion of the evening. Charter rights are the most powerful protection citizens have, so this violation is what we would focus on.
The Crown was convinced to take a plea deal. The criminal charges with withdrawn, and in exchange Mr. B suffered a $1,000.00 fine and a licence suspension of 6 months. His record remained clean and he was free to return to his family and business.