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charge of Over 80 withdrawn at trial in the Ontario Court of Justice after Crown accepts “evidence to the contrary” as a viable defence and thereby reduced the Crown’s prospect of conviction. The Crown conceded the issue and the charge was withdrawn.
client acquitted at trial in the Ontario Court of Justice of a charge of Over 80. Cross examination of police officers established that the client appeared, at the time of the investigation, in a sober condition setting the foundation for the “evidence to the contrary” defence. Testimony of the client, the independent witness and the defence expert was accepted resulting in a finding of not guilty.
Charge of Refuse Roadside Breath Test withdrawn at trial in the Ontario Court of Justice.
Client acquitted at trial in the Ontario Court of Justice of the charge of care and control while over 80, after the trial judge accepted the defence “evidence to the contrary”.
Client acquitted after trial before the Ontario Court of Justice. Client was pulled over by police for travelling 40 km per hour as stated by police to have been at a rate of speed that was dangerously below the speed limit, thus justifying the police stopping the client and then administering the tests. Defence Application under s. 9 and 8 of the Charter for a violation of the client’s right to be free from arbitrary detention and search was successful and the readings were excluded. Client was found not guilty of the offence.
Client found not guilty of the charge of Over 80 after trial before the Ontario Court of Justice. The officer who conducted the intoxilyzer breath test testified as to observations of the client’s impairment that were not included in his Alcohol Influence Report/notes. Detailed and vigorous cross-examination on this point resulted in the Trial Judge rejecting the evidence of the Breath Technician. In addition evidence provided by the defendant and his independent witness was accepted by the Court giving rise to “evidence to the contrary”. Accordingly, the client was found not guilty of the charge.
Charge of Refuse Breath Sample Approved Screening Device, s. 254(5) of the Criminal Code of Canada, withdrawn at the pre-trial stage after discussions with Crown Attorney about the frailties of the police evidence and the police refusing to allow the client to contact duty counsel on his personal cell phone.
Client acquitted after two day trial of Refuse Breath Sample in the Ontario Court of Justice. Client was believed based upon the “last chance” doctrine.
Client acquitted after three day trial on a charge of Dangerous Driving causing bodily harm. Extensive cross-examination of Crown witnesses, including the accident reconstructionist, and careful defence use of our own accident specialist and detailed legal analysis resulted in the client being found not guilty of the allegation.
Charge of impaired driving withdrawn after Charter Application granted excluding statements of the accused together with evidence of sobriety observations made by the arresting officer.
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.
