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P.S. was charged with impaired care and control and over 80. He had a previous conviction for drinking and driving and was facing a mandatory 30-day sentence and a 3-year driving prohibition. P.S. hired Christopher Assié to defend himself. Counsel spent a significant time preparing P.S. to testify in his defence. P.S. took the stand to explain that he was at work when he received news that his cousin, her husband and their six-year old child had died in a foreign country from a house fire. Being emotionally distraught, he called his wife and told her that he was going home because he could not continue working. He arrived home and began drinking to cope with his emotional sorrow. Unfortunately, he forgot his cell phone in his car in the driveway of the home. He returned to the vehicle only to look for his cell phone. He sat in the driver’s seat to look for his phone. While in the driver’s seat, an officer came upon him and charged him with being impaired and in care and control of a motor vehicle. He was able to testify in a clear and coherent fashion and the judge found that the prosecutor had not been able to undermine his testimony. The judge acquitted P.S.
