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At trial, the issue was whether the Crown could prove that N.C. was the driver or in the care and control of the vehicle involved in an accident. Mr. Navarrete vigorously cross examined the various Crown witnesses including the owner of the vehicle, who alleged that N.C. was the driver. In acquitting the accused, the trial judge commented on the cross examination conducted by Mr. Navarrete and stated that the credibility of the owner of the vehicle could not meet the civil standard of proof let alone the criminal standard of proof. He also found that the owner of the vehicle possessed the type of character that he would blame his own actions on someone else. With respect to the charges of obstruct peace officer, Mr. Navarrete argued that legally N.C.’s actions did not constitute the offence as charged. Client acquitted on charges of impaired driving, Over 80 and Obstruct Peace Officer after trial in the Ontario Court of Justice in Kitchener.
