Posts Tagged ‘Acquittal’

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.

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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.

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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.

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Assault Causing Bodily Harm Acquittal from Unreliable Witnesses

Posted in Assault, Criminal Cases (Non-Driving)

My client had been charged with Assault Causing Bodily Harm.  Other lawyers had told my client that he stood very little chance of winning at trial and that they were able to negotiate a deal with the Crown for a suspended sentence, meaning that my client would have avoided going to jail.  He still, however,would have been placed on probation and most significantly, he would end up with a criminal record.  My client was convinced of his innocence because he felt that he had acted in self defence and was not prepared to enter a guilty plea.  At trial, I was able to establish that the complainant and other Crown witnesses at trial could not be believed.  Ultimately both the Crown and the judge thought my client should be acquitted which is what happened.

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Acquittal for Refusing to Provide Breath Sample Charges

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

My client had been charged with Refuse to Provide a Breath Sample at the side of the road. I argued that the officer’s demand that my client provide breath samples was defective and that the judge should have doubts concerning the reliability of the officer’s testimony.  The judge agreed and my client was acquitted.

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