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Acquitted after trial on charges of over 80 and possession of credit card reading device. Defence raised credible, reliable “evidence to the contrary” as well as an innocent explanation as to the possession of the credit card reading device. After extensive cross-examination of the police officer, witnesses, and detailed submissions, the client was found not guilty of both charges.
Client acquitted after trial on charges of over 80 and impaired driving. Client was seen crossing over the middle white line and was stopped by police. After investigation client was arrested and eventually provided readings of 160 and 170. During the search of the client’s car an open beer can that was cold to the touch and was still containing beer was found. The arresting officer failed to detail in his notes the time of driving and the time of the stop. A Charter Application to exclude all statements of the accused and sobriety test results was successful. Detailed cross examination of the arresting and assisting officer on the issue of time of driving resulted in a finding of not guilty on both charges.
Acquitted after trial on charges of over 80.
Not guilty after trial on charges of impaired driving and over 80.
Acquitted after trial of charge of over 80. Charter Application seeking to exclude all roadside statements successful. Crown unable to prove that the accused was the driver.
Charges of impaired driving and over 80 stayed after successful Charter Application alleging a breach of the client’s 11(b) Charter rights, protecting a trial within a reasonable time.
Client acquitted after trial of charge over 80. Defence successfully proffered “evidence to the contrary” which undermined accuracy of the intoxilyzer readings.
Charge of over 80 stayed at trial due to violation of client’s Section 11(b) right to a trial within a reasonable time. Defence Charter Application successful and charge was stayed accordingly.
Charges of over 80 and impaired driving. Acquitted after trial.
Acquitted after trial on charges of impaired driving and over 80, subsequent to successful Charter Application for violation of client’s Section 10(b) rights.
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.
