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Charge of Fail to Comply dismissed by trial judge after counsel’s successful cross-examination of arresting officer showing that the elements of offence were not made out.
Charge of “Over 80” dismissed at request of Crown Attorney after counsel’s successful cross-examination of police officer regarding time of Accused’s driving. Crown agreeing pursuant to cross-examination that essential elements of the offence not established.
Client acquitted of Impaired Driving and Over 80 charges after trial. Client charged with Impaired Driving and Drive Over 80. After cross-examination of the arresting officer during a trial before Mr. Justice Getliffe, client was acquitted of the Impaired Driving Charges. Client was also acquitted of the Over 80 charge after a successful Charter Application to exclude the breath readings. The Ontario Provincial Police made insufficient efforts to put the accused in touch with the lawyer he asked for, and when he was later put in touch with Duty Counsel, there was insufficient privacy during the conversation. As a result there were two breaches of the accused’s rights to counsel under s. 10(b) of the Charter.
charges of impaired operation and over 80 stayed in the Ontario Court of Justice upon a finding by the trial judge that the Applicant’s rights as guaranteed by s. 11(b) of the Charter were violated, because of an unreasonable delay in bringing the case to trial.
client found not guilty at trial in the Ontario Court of Justice of charge of Refuse breath sample, after detailed cross-examination of the arresting officer about the client’s ability to understand and comprehend the demand.
client found not guilty at trial in the Ontario Court of Justice on charges of impaired driving, and Over 80 (readings of 280 and 320) after successful cross-examination of the arresting officer and the independent witness. Charter Application successful in excluding on scene statements of the client.
Charge over “Over 80” dismissed pursuant to counsel successfully arguing that client’s section 10(b) rights under the Canadian Charter of Rights and Freedoms were violated as he was not afforded his rights to counsel.
charges of Over 80 and impaired driving withdrawn after successful argument that there was no reasonable prospect of conviction as there was no evidence of time of driving.
client acquitted in the Ontario Court of Justice of a charge of Over 80 after Charter Application alleging s.10(b) rights to counsel violation was successful and the readings were excluded.
charges of Over 80 and Impaired Driving withdrawn just prior to trial as a result of Charter challenge to the detention and search of the client giving rise to the breath readings.
Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
