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Recent Case Summaries

Acquittal

Breach of Recognizance

The client was charged with two counts of breaching his bail conditions by allegedly contacting his former common law partner while on release for assault and sexual assault charges. He was denied bail on the breach charges and held in custody. We secured a quick trial date and argued the phone call was accidental, not intentional contact.

Outcome: Acquitted at trial, court found reasonable doubt on intent, released from custody.

Criminal Charge Withdrawn

Driving Over 80

The client was charged with driving over 80 mg after being stopped at a RIDE checkpoint. Despite no visible signs of impairment, his breath samples showed 130 mg. We negotiated extensively with the Crown to have the criminal charge reduced to a provincial offence.

Outcome: Criminal charge withdrawn, client pleaded to careless driving under the Highway Traffic Act, no criminal record.

Charges Dismissed

Driving Over 80

The client was charged with driving over 80 mg after being stopped at a RIDE checkpoint following a concert. As a public transit mechanic, a conviction would have cost him his job. We successfully defended him at trial.

Outcome: Charge dismissed at trial, employment preserved, no criminal record.

Acquittal

Impaired Driving

The client was followed by an off-duty police officer on a Sunday afternoon due to allegedly erratic driving. He was arrested and charged with impaired driving after breathalyzer readings showed approximately 300, nearly four times the legal limit. We successfully defended him at trial.

Outcome: Acquitted of all charges at trial, no criminal record.

Charges Stayed

Impaired Driving and Over 80

The client was charged with impaired driving and driving over 80 mg. We filed a successful Charter application arguing that the delay in bringing him to trial breached his right to be tried within a reasonable time under section 11(b).

Outcome: All charges stayed due to Charter breach, no criminal record.

Charges Dismissed

Care and Control Over 80 and Impaired Care and Control

The client was charged with care and control over 80 and impaired care and control. Police found him sleeping in his vehicle with the engine running and a half-full bottle of liquor in his pocket. His breath readings were 141 mg%, nearly twice the legal limit. We successfully argued the officer lacked reasonable and probable grounds to request a breath sample, and the readings were excluded as evidence.

Outcome: Charges dismissed, breath evidence excluded, no criminal record.

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