The criminal justice system can be daunting, but you don’t need to go through it alone. Our Criminal lawyers are here to guide you every step of the way.
Contact Our Firm
Charge of Failure to Provide a Breath Sample stayed after a four-day trial at the Ontario Court of Justice, Toronto. At around 2 am in downtown Toronto, P.A. was observed driving his vehicle. It was alleged that P.A. was driving his vehicle in the opposite direction in a one-way lane. It was also alleged that P.A. was unable to locate his driver’s license, insurance, and vehicle permit for several minutes after he was pulled over. Due to this alleged behaviour, the arresting officer decided to demand a sample of P.A.’s breath into an approved screening device. P.A. was unable to provide a sample after repeated attempts. P.A. was then arrested for Failure to Provide a Sample and given a ticket for driving on the wrong side of the road. P.A. retained Yuvika Johri of Neuberger & Partners LLP, Toronto Criminal Lawyers, to defend him on the charges. After careful review of the disclosure, Yuvika Johri discovered that the arresting officer had violated P.A.’s section 10 (b) charter right- Rights to Counsel. Yuvika Johri brought an application to stay the charges and argued this case for 4 days. During the trial, Yuvika Johri cross examined the arresting officer and was able to show that the officer had not facilitated P.A.’s request to speak with counsel for over two hours. Additionally, defence was able to show a systematic problem with the police not following through their obligations of facilitating access to counsel upon request by an accused. A stay was granted against the Failure to Provide a Breath Sample charge and the HTA ticket was withdrawn. A favourable outcome was important for P.A. as he was a permanent resident, and a conviction could have meant deportation for him.
