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Charge of Over 80 withdrawn in the Ontario Court of Justice prior to setting the trial date. The readings were 103, and 105. The defence was prepared advance a constitutional challenge to the new “evidence to the contrary” provision under the Criminal Code. Given the low readings, the charges were withdrawn in favour of the client pleading guilty to the Highway Traffic Offence of Careless Driving.
Charges of Impaired Driving and Over 80 withdrawn at trial in the Ontario Court of Justice prior to the commencement of an application under s. 11(b) of the Charter for a stay of proceedings due to unreasonable delay of 11 months from the date when the trial was set. In addition, the defence was bringing a “last drink” defence with credible evidence that at the time the client was stopped by police, the blood alcohol concentration was under the legal limit.
Client acquitted of Impaired Driving and Drive Over 80 charges in Burlington after trial in which Neuberger & Partners successfully cross-examined on time of driving, and indicators of impairment.
Stunt Driving charges are thrown out after Neuberger & Partners successfully challenges charging document.
Client found not guilty of Over 80 charge after trial in Newmarket, Ontario. Neuberger & Partners successfully cross-examines witnesses on timing of accident.
Charge of Over 80 withdrawn prior to trial due to the low readings and very serious issue of breach of client’s section 8 right to be free from unreasonable search. There were insufficient grounds to arrest the client. As such, the charge was withdrawn.
Charge of Over 80 withdrawn prior to trial due to the low readings and issues raised by the defence regarding a breach of the client’s right to counsel of choice and the constitutionality of the new “evidence to the contrary” provision.
Regina v. B. (2007)
Charges of Dangerous Driving causing bodily harm after serious accident on Steeles Avenue. Lawyer Neuberger & Partners successfully attacked sufficiency of Crown evidence in Court for 3 days in Newmarket Courthouse after which Crown withdrew charges.
Charges of Over 80 and Impaired Driving stayed after Neuberger & Partners successfully argues for a stay of proceedings based on a breach of the client’s right to be tried in a reasonable time under s. 11(b) of the Charter.
Charge of Over 80 with readings of 100 and 98 was withdrawn prior to trial in favour of a plea to a careless driving charge under the Highway Traffic Act. The Crown agreed to the resolution based upon the low readings, and the challenge by the defence of the new legislation on “evidence to the contrary.”
Charge of Over 80 withdrawn at trial on basis of constitutional challenge to the new ‘evidence to the contrary’ provision.
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.
