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Charges of Impaired Driving and Over 80 withdrawn in the Ontario Court of Justice. The client’s vehicle was found at the side of the road in a ditch with deep snow. The client was arrested for care and control and eventually gave readings more than twice the legal limit. The client had advised police that he was not the driver, but was charged as having care and control and no one else being around as the alleged driver. What defence counsel Joseph Neuberger discovered by careful review of the disclosure and from his client was that the police had taken 22 minutes to transport the client to the police station. The station ought to have been only a few minute drive. The police had in fact gone for dinner while leaving the client locked in the back of the police cruiser. A detailed Charter Application was filed alleging violations of the client’s section 7, 9 and 10(b) rights along with an Affidavit from the client and a map showing the distances. As a result, the Crown agreed with the defence that this was an impermissible violation of the client’s rights and as a result all charges were withdrawn.
