{"id":733,"date":"2010-04-11T17:39:14","date_gmt":"2010-04-11T21:39:14","guid":{"rendered":"http:\/\/www.normstanford.com\/?page_id=733"},"modified":"2018-11-13T15:36:03","modified_gmt":"2018-11-13T20:36:03","slug":"crimina-driving-cases","status":"publish","type":"page","link":"https:\/\/www.normstanford.com\/my-cases\/crimina-driving-cases\/","title":{"rendered":"Criminal Driving Cases"},"content":{"rendered":"<ul class=\"display-posts-listing\"><li class=\"listing-item\"><a class=\"title\" href=\"https:\/\/www.normstanford.com\/breath-test-charges-stayed\/\">Breath Test Charges Stayed<\/a> <span class=\"category-display\"><span class=\"category-display-label\">Related to:<\/span> <a href=\"https:\/\/www.normstanford.com\/tag\/acquittal\/\">Acquittal<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/arbitrary-detention\/\">Arbitrary Detention<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/breath-test\/\">Breath Test<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/charges-withdrawn\/\">Charges Withdrawn<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/no-jail\/\">No Jail<\/a><\/span><div class=\"content\"><p>My client was charged with <a title=\"Refuse or Fail to Provide Breath Sample\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/refuse-or-fail-breath-sample\/\">Refusing to Provide a Breath Sample<\/a> at the side of the road. \u00a0The police stopped M.F.\u2019s vehicle after seeing it mount the curb as it made a turn. \u00a0The police could smell alcohol on my client\u2019s breath and demanded that he do a <a title=\"Breath Test Differences\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/breath-test-differences\/\">roadside breath test<\/a>. \u00a0My client made several attempts to provide a sample but none registered and the officer thought my client was screwing around and arrested him for Refuse. \u00a0He was then taken to the police station where the police held him for several hours because they thought he was being belligerent. \u00a0Prior to the trial, I filed an Charter application alleging that my client\u2019s right to be free from arbitrary detention was violated because there was no need for him to be taken to the police station and held for several hours. \u00a0On the morning of trial, I spoke to the Crown who decided not to oppose my application and stayed the charge against my client. \u00a0For my client, this result meant the same thing as an acquittal or a withdrawal of the charge.<\/p>\n<\/div><\/li><li class=\"listing-item\"><a class=\"title\" href=\"https:\/\/www.normstanford.com\/impaired-driving-and-over-80-reduced-to-careless-driving-charges\/\">Impaired Driving and Over 80 Reduced to Careless Driving Charges<\/a> <span class=\"category-display\"><span class=\"category-display-label\">Related to:<\/span> <a href=\"https:\/\/www.normstanford.com\/tag\/over-80-2\/\">Drive Over 80 Criminal Cases<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/no-criminal-record\/\">No Criminal Record<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/no-jail\/\">No Jail<\/a><\/span><div class=\"content\"><p>My client was charged with <a title=\"Impaired Care or Control\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/care-or-control\/\">Impaired Driving<\/a> and <a title=\"Over 80\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/over-80\/\">Over 80<\/a>. The police observed my client driving on the 401 for several minutes and video recorded it with a camera installed in their police cruiser. R.J., who had difficulty understanding English was eventually stopped and immediately arrested for Impaired Driving. He was taken to the police station where he blew over the legal limit and was additionally charged with Over 80. I filed a Charter application alleging that my client\u2019s right to counsel was violated as he was not put in touch with a lawyer who could speak his language. After I completed my cross-examinations of the investigating officers, I established that the police were clearly having difficulty communicating with my client and that he was not communicated his rights in a way he could properly understand. My cross-examination of the arresting officer also revealed that his recollection of what had occurred that night was very limited. As a result, the Crown agreed to accept a plea to Careless Driving under the HTA instead of proceeding with the drinking and driving charges. My client was more than happy to take the deal.<\/p>\n<\/div><\/li><li class=\"listing-item\"><a class=\"title\" href=\"https:\/\/www.normstanford.com\/motorcycle-dangerous-driving-and-flight-from-police-charges-dismissed\/\">Motorcycle Dangerous Driving and Flight from Police Charges Dismissed<\/a> <span class=\"category-display\"><span class=\"category-display-label\">Related to:<\/span> <a href=\"https:\/\/www.normstanford.com\/tag\/dangerous-driving\/\">Dangerous Driving<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/flight-from-police\/\">Flight From Police<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/motorcycle\/\">Motorcycle<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/no-criminal-record\/\">No Criminal Record<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/no-jail\/\">No Jail<\/a><\/span><div class=\"content\"><p>My client was charged with Dangerous Driving and Flight from Police. \u00a0It was alleged that N.M. was riding a motor cycle at more than 190 km\/hr on the 404 and that when a police cruiser attempted to pull him over at a stop light on an exit ramp, N.M., took off at extremely high speeds and got away. \u00a0The police got the license plate of the bike and interviewed the registered owner who claimed that my client was in possession of the bike at the time of the incident and that my client had confessed to him everything that the police alleged had occurred. \u00a0At trial, after my cross-examination of the owner of the bike, I exposed several inconsistencies between what the witness had told the police in a video recorded interview and his testimony at trial. \u00a0Ultimately the Crown invited the judge to dismiss the charges against my client.<\/p>\n<\/div><\/li><li class=\"listing-item\"><a class=\"title\" href=\"https:\/\/www.normstanford.com\/acquittal-for-over-80-breath-test-charges\/\">Acquittal for Over 80 Breath Test Charges<\/a> <span class=\"category-display\"><span class=\"category-display-label\">Related to:<\/span> <a href=\"https:\/\/www.normstanford.com\/tag\/acquittal\/\">Acquittal<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/breath-test\/\">Breath Test<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/over-80-2\/\">Drive Over 80 Criminal Cases<\/a><\/span><div class=\"content\"><p>The police received a call regarding a severely damaged vehicle located at the side of a quite stretch of highway, partially in a live lane. \u00a0When police arrive, they found D.B alone in the vehicle and fast asleep in the passenger seat. \u00a0The police could see that my client was obviously intoxicated and arrested him for<a title=\"Impaired Care or Control\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/care-or-control\/\"> Impaired Care or Control<\/a>. \u00a0He was taken to the police station where he was charged with <a title=\"Breath Test Differences\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/breath-test-differences\/\">Over 80<\/a> as well after blowing well over the legal limit. At trial I successfully argued that the Crown had not proven beyond a reasonable doubt that my client was in care or control of the vehicle and he was acquitted.<\/p>\n<\/div><\/li><li class=\"listing-item\"><a class=\"title\" href=\"https:\/\/www.normstanford.com\/failure-to-remain-charges-withdrawn\/\">Failure to Remain Charges Withdrawn<\/a> <span class=\"category-display\"><span class=\"category-display-label\">Related to:<\/span> <a href=\"https:\/\/www.normstanford.com\/tag\/charges-withdrawn\/\">Charges Withdrawn<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/failing-to-remain-at-the-scene-of-an-accident\/\">Failing to Remain at the Scene of an Accident<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/no-criminal-record\/\">No Criminal Record<\/a><\/span><div class=\"content\"><p>F.M. contacted me after receiving a call from police who were investigating an incident in which a vehicle registered in his name hit a parked car late at night. \u00a0Both vehicles sustained serious damage and F.M.\u2019s vehicle was then driven to his home. \u00a0The police attended the home shortly after the accident occurred and knocked on the door but no one answered. \u00a0They suspected that F.M. had been driving impaired and had not remained on the scene of the accident in order to avoid being charged. \u00a0The following day, I attended the police station with my client and the police tried to get him to give a statement. \u00a0My client exercised his right to silence and the police subsequently charged him with Failing to Remain at the Scene of a Collision (7 demerit points), Careless Driving (6 demerit points) and Operate Unsafe Motor Vehicle, all under the Highway Traffic Act. \u00a0At Provincial Offences Court, I convinced the prosecutor that they would have a very difficult time proving that my client was the driver of the vehicle. \u00a0The prosecutor ultimately agreed to withdraw the Fail to Remain and the Careless Driving and my client entered a guilty plea to the Operate Unsafe Motor Vehicle. \u00a0He received a fine and no demerit points.<\/p>\n<\/div><\/li><li class=\"listing-item\"><a class=\"title\" href=\"https:\/\/www.normstanford.com\/over-80-breath-test-charges-acquittal\/\">Over 80 Breath Test Charges Acquittal<\/a> <span class=\"category-display\"><span class=\"category-display-label\">Related to:<\/span> <a href=\"https:\/\/www.normstanford.com\/tag\/acquittal\/\">Acquittal<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/breath-test\/\">Breath Test<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/over-80-2\/\">Drive Over 80 Criminal Cases<\/a><\/span><div class=\"content\"><p>My client was charged with <a title=\"Over 80\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/over-80\/\">Drive Over 80<\/a>. \u00a0The police received a call from the doorman of a bar that had turned my client and a couple of his friends away, believing they were drunk. \u00a0The doorman had given the police the license plate number of my client\u2019s vehicle and a few minutes later my client was stopped. \u00a0He failed the <a title=\"Breath Test Differences\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/breath-test-differences\/\">breath test<\/a> at the side of the road and was taken to the police station where he registered breath readings of 180. \u00a0My client was acquitted at trial after I successfully argued that the breath technician\u2019s testimony did not prove that one of the technical requirements to prove the charge had been satisfied.<\/p>\n<\/div><\/li><li class=\"listing-item\"><a class=\"title\" href=\"https:\/\/www.normstanford.com\/impaired-driving-charges-reduced-to-careless-driving-no-criminal-record\/\">Impaired Driving Charges Reduced to Careless Driving &#8211; No Criminal Record<\/a> <span class=\"category-display\"><span class=\"category-display-label\">Related to:<\/span> <a href=\"https:\/\/www.normstanford.com\/tag\/bad-driving\/\">Bad Driving<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/breath-test\/\">Breath Test<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/over-80-2\/\">Drive Over 80 Criminal Cases<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/impaired-driving-2\/\">Impaired Driving<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/no-criminal-record\/\">No Criminal Record<\/a><\/span><div class=\"content\"><p>My client was charged with Impaired Driving and Over 80. The allegations included high breath test results and what was described as very bad driving. At trial, after the crown had completed their case and I had cross-examined the officers, it was revealed that a video taken of my client at the police station had been recorded but not disclosed to me despite my previous requests. \u00a0Furthermore, in my cross-examination of the witness who observed the driving, it was revealed that the driving was not as bad as the allegations had suggested and that the reliability and credibility of this witness was questionable. Finally, I caught on to a technical defect in the breath technician\u2019s evidence that would have resulted in a conviction on the Over 80 charge being an impossibility. Ultimately, the Crown agreed to my client pleading guilty to Careless Driving under the HTA and thus avoiding a criminal record and the serious consequences that accompany a drinking and driving conviction.<\/p>\n<\/div><\/li><li class=\"listing-item\"><a class=\"title\" href=\"https:\/\/www.normstanford.com\/acquittal-for-refusing-to-provide-breath-sample-charges\/\">Acquittal for Refusing to Provide Breath Sample Charges<\/a> <span class=\"category-display\"><span class=\"category-display-label\">Related to:<\/span> <a href=\"https:\/\/www.normstanford.com\/tag\/acquittal\/\">Acquittal<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/refuse-to-provide-a-breath-sample\/\">Refuse to provide a breath sample<\/a><\/span><div class=\"content\"><p>My client had been charged with <a title=\"Refuse or Fail to Provide Breath Sample\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/refuse-or-fail-breath-sample\/\">Refuse to Provide a Breath Sample<\/a> at the side of the road. I argued that the officer\u2019s demand that my client provide breath samples was defective and that the judge should have doubts concerning the reliability of the officer\u2019s testimony. \u00a0The judge agreed and <strong>my client was acquitted<\/strong>.<\/p>\n<\/div><\/li><li class=\"listing-item\"><a class=\"title\" href=\"https:\/\/www.normstanford.com\/no-criminal-record-or-mandatory-license-suspension-for-drive-over-80\/\">No Criminal Record or Mandatory License Suspension for Drive Over 80<\/a> <span class=\"category-display\"><span class=\"category-display-label\">Related to:<\/span> <a href=\"https:\/\/www.normstanford.com\/tag\/over-80-2\/\">Drive Over 80 Criminal Cases<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/no-criminal-record\/\">No Criminal Record<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/no-license-suspension\/\">No License Suspension<\/a><\/span><div class=\"content\"><p>My client was charged with <a title=\"Over 80\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/over-80\/\">Drive Over 80<\/a>. \u00a0Prior to the trial, I filed a Charter Application alleging that my client\u2019s right to a trial within a reasonable under section 11(b) had been infringed. The likelihood of a judicial stay of my client\u2019s charge as a result of the delay was borderline considering the length of the delay and the nature of the prejudice my client suffered as a result. \u00a0On the morning of trial, I had discussions with the Crown Attorney who agree to my client entering a guilty plea to Careless Driving under the Ontario Highway Traffic Act. <strong>This is a non-criminal charge that results in no criminal record or mandatory license suspension.<\/strong><\/p>\n<\/div><\/li><li class=\"listing-item\"><a class=\"title\" href=\"https:\/\/www.normstanford.com\/not-guilty-of-impaired-driving-and-dangerous-driving\/\">Not Guilty of Impaired Driving and Dangerous Driving<\/a> <span class=\"category-display\"><span class=\"category-display-label\">Related to:<\/span> <a href=\"https:\/\/www.normstanford.com\/tag\/breath-test\/\">Breath Test<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/dangerous-driving\/\">Dangerous Driving<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/over-80-2\/\">Drive Over 80 Criminal Cases<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/impaired-driving-2\/\">Impaired Driving<\/a><\/span><div class=\"content\"><p>My client had been charged with<a title=\"Impaired Driving Charge\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/impaired-driving-charge\/\"> Impaired Driving<\/a>, <a title=\"Over 80\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/over-80\/\">Over 80<\/a> and <a title=\"What are the Different Drinking and Driving Charges?\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/\">Dangerous Driving<\/a> stemming from an incident in which he had driven into a house. \u00a0His breath tests revealed that his Blood Alcohol Concentration was well over the legal limit. My client had made several statements on the scene both to the residents of the home and to the police, even after he was advised of his rights to counsel and cautioned that he did not have to say anything. \u00a0My client admitted several times that he had too much to drink and should not have been driving. \u00a0To make matters worse, my client could not remember what had happened. \u00a0On the day of trial I convinced the Crown to pull the Impaired Driving and Over 80 charges in return for my client pleading guilty to the Dangerous Driving charge. \u00a0My client was fined and although his driver\u2019s license was suspended automatically by the Ministry of Transportation, the judge declined to make a separate Order prohibiting him from driving anywhere in Canada. \u00a0Because my client was <strong>not found guilty<\/strong> of the drinking and driving related charges, he avoided the requirements of having to take Ontario\u2019s Remedial Measures Back on Track Program \u00a0and of having an ignition interlock device installed in any vehicle he drove for the year after he got his license back. \u00a0These requirements would both involve significant monetary expenditures. \u00a0My client also likely avoided significant increases in his insurance premiums.<\/p>\n<\/div><\/li><li class=\"listing-item\"><a class=\"title\" href=\"https:\/\/www.normstanford.com\/charges-withdrawn-for-impaired-driving\/\">Charges Withdrawn for Impaired Driving<\/a> <span class=\"category-display\"><span class=\"category-display-label\">Related to:<\/span> <a href=\"https:\/\/www.normstanford.com\/tag\/over-80-2\/\">Drive Over 80 Criminal Cases<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/impaired-driving-2\/\">Impaired Driving<\/a><\/span><div class=\"content\"><p>My client was charged with <a title=\"Impaired Driving Charge\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/impaired-driving-charge\/\">Impaired Driving<\/a> and <a title=\"Over 80\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/over-80\/\">Over 80<\/a> stemming from a single motor vehicle accident in which my client drove off the road into a ditch. It turned out that the Crown had failed to subpoena one of their witnesses and on the day of trial this witness did not show up. I knew that the Crown could have proven their case without this particular witness but for some reason, the Crown considered this witness to be crucial to their case and requested an adjournment from the judge. I argued that my client was prepared to have his case tried that day, that there was no excuse for the Crown and police neglecting to serve this witness and that my client would be severely prejudiced by having to come back on some future date to have his case heard. The judge agreed and denied the adjournment request. The Crown subsequently <strong>withdrew the case against my client<\/strong>.<\/p>\n<\/div><\/li><li class=\"listing-item\"><a class=\"title\" href=\"https:\/\/www.normstanford.com\/drunk-driving-charges-dropped\/\">Drunk Driving Charges Dropped<\/a> <span class=\"category-display\"><span class=\"category-display-label\">Related to:<\/span> <a href=\"https:\/\/www.normstanford.com\/tag\/charges-withdrawn\/\">Charges Withdrawn<\/a>, <a href=\"https:\/\/www.normstanford.com\/tag\/over-80-2\/\">Drive Over 80 Criminal Cases<\/a><\/span><div class=\"content\"><p>My client was charged with<a title=\"Impaired Care or Control\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/care-or-control\/\"> Impaired Care or Control<\/a> and <a title=\"Over 80\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/over-80\/\">Over 80<\/a>. \u00a0After the trial began and the arresting officer testified, I convinced the Crown that they had significant problems with their case. \u00a0The Crown subsequently agreed to drop the drinking and driving charges and offered my client a plea to Careless Driving under the Highway Traffic Act instead. \u00a0I pointed out to the Crown that my client had not been driving and therefore could not enter a plea to Careless Driving. \u00a0Ultimately the Crown agreed to having my client enter a guilty plea to being Intoxicated in a Public Place contrary to the Ontario Liquor Licence Act.<\/p>\n<\/div><\/li><\/ul>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":1,"featured_media":0,"parent":533,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"footnotes":""},"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/pages\/733"}],"collection":[{"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/comments?post=733"}],"version-history":[{"count":0,"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/pages\/733\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/pages\/533"}],"wp:attachment":[{"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/media?parent=733"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}