Author Archive

Charge Withdrawn – Domestic Assault

Posted in Criminal Cases (Non-Driving)

Client alleged to have elbowed his girlfriend in the face and grabbed her neck – Crown agrees to withdraw charge without a Peace Bond after affidavit from complainant provided – No Criminal Record.

Theft Charge Withdrawn

Posted in Criminal Cases (Non-Driving)

Client contacted by police and advised of warrant for her arrest for an alleged theft that was caught on camera – Arranged for Client to surrender herself to police – At bail hearing Crown agrees to withdraw charge and client released unconditionally – No Criminal Record.

Charges Withdrawn for Possession of Property Obtained by Crime and Possession for the Purpose of Trafficking

Posted in Criminal Cases (Non-Driving)

Drugs and stolen property found in client’s apartment after police search apartment when responding to an unrelated call – Crown agreed that search of apartment was illegal and a breach of Client’s right under section 8 of the Charter to be free from unreasonable search and seizure. Crown agreed that there was a good chance evidence of drugs and stolen property would be excluded at trial – All Charges withdrawn by Crown after client completes some community service – No Criminal Record.

Breath Test Charges Stayed

Posted in Criminal Driving Cases, Refusing to Provide a Breath Sample

My client was charged with Refusing to Provide a Breath Sample at the side of the road.  The police stopped M.F.’s vehicle after seeing it mount the curb as it made a turn.  The police could smell alcohol on my client’s breath and demanded that he do a roadside breath test.  My 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.  He was then taken to the police station where the police held him for several hours because they thought he was being belligerent.  Prior to the trial, I filed an Charter application alleging that my client’s 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.  On the morning of trial, I spoke to the Crown who decided not to oppose my application and stayed the charge against my client.  For my client, this result meant the same thing as an acquittal or a withdrawal of the charge.

Impaired Driving and Over 80 Reduced to Careless Driving Charges

Posted in Criminal Driving Cases, Impaired Driving, Over 80

My client was charged with Impaired Driving and Over 80. 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’s 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.

Motorcycle Dangerous Driving and Flight from Police Charges Dismissed

Posted in Criminal Driving Cases, Dangerous Driving

My client was charged with Dangerous Driving and Flight from Police.  It 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.  The 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.  At 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.  Ultimately the Crown invited the judge to dismiss the charges against my client.

Acquittal for Over 80 Breath Test Charges

Posted in Criminal Driving Cases, Impaired Driving

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.  When police arrive, they found D.B alone in the vehicle and fast asleep in the passenger seat.  The police could see that my client was obviously intoxicated and arrested him for Impaired Care or Control.  He was taken to the police station where he was charged with Over 80 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.

Failure to Remain Charges Withdrawn

Posted in Criminal Driving Cases

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.  Both vehicles sustained serious damage and F.M.’s vehicle was then driven to his home.  The police attended the home shortly after the accident occurred and knocked on the door but no one answered.  They suspected that F.M. had been driving impaired and had not remained on the scene of the accident in order to avoid being charged.  The following day, I attended the police station with my client and the police tried to get him to give a statement.  My 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.  At 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.  The 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.  He received a fine and no demerit points.

Over 80 Breath Test Charges Acquittal

Posted in Criminal Driving Cases, Over 80

My client was charged with Drive Over 80.  The 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.  The doorman had given the police the license plate number of my client’s vehicle and a few minutes later my client was stopped.  He failed the breath test at the side of the road and was taken to the police station where he registered breath readings of 180.  My client was acquitted at trial after I successfully argued that the breath technician’s testimony did not prove that one of the technical requirements to prove the charge had been satisfied.

No Criminal Record for Price Tag Switching and Theft

Posted in Criminal Cases (Non-Driving), Theft

My client entered a guilty plea to a Theft charge after she was apprehended in a department store by a security guard who had been following her around the store for some time and who noticed her switching price tags on several items.  A search of B.P.’s purse revealed a price gun and a large number of price tags.  An employee at the store who saw my client get arrested also claimed that she had switched the tag on a high priced item sometime the year before but that she had left the store before the theft had been discovered.  My client had originally been charged with that historical theft as well but I successfully convinced the Crown that there was no reasonable prospect of conviction on that charge since the store employee had no idea when in the last year the theft had occurred.  At the sentencing hearing, I successfully convinced the judge that, in my client’s circumstances, a conditional discharge was appropriate. [NO CRIMINAL RECORD]

Page 1 of 3123»