Impaired Driving and Over .08 Charges Withdrawn

Calgary Provincial Court
Case Number: 7519721

Our client drove through a checkstop, indicated he had some drinks that evening, and was noted to have glassy mirrored eyes and a smell of alcohol on his breath. He failed the roadside breath test, blew .140 on the evidentiary instrument, and was charged with impaired driving and driving over .08.

Once we were retained, we set the matter for trial and filed a motion alleging a violation of our client’s Constitutional rights under the Canadian Charter of Rights and Freedoms. Days before trial, we successfully negotiated the withdrawal of all charges.

Successful Result: No Criminal Record, Charges Withdrawn

Impaired Driving and Over .08 Charges Stayed

Calgary Provincial Court
Case Number: 5519791

Our client was initially observed by the police accelerating at a high rate of speed through a Walmart parking lot while on the wrong side of the road.  Upon stopping, the police observed that his actions were slow and deliberate, his speech was slurred, and he admitted drinking earlier in the day.  He failed the roadside breath test, blew .220 on the evidentiary instrument, and was charged with impaired driving, driving over .08, breaching his prior release, and some traffic tickets.

Once we were retained, we set a trial date immediately and filed a motion alleging a violation of our client’s Constitutional rights under the Canadian Charter of Rights and Freedoms. A day before trial we successfully negotiated a stay of proceedings on all criminal charges in exchange for a guilty plea to one of the traffic tickets.

Successful Result: No criminal Record, Charges Stayed

Impaired Driving and Over .08 Charges Withdrawn

Canmore Provincial Court
Case Number: 7620141

Our client was stopped by the RCMP after being observed driving erratically.  He had an odour of alcohol on his breath, blood shot eyes, and admitted drinking beer earlier in the day.  He failed the roadside breath test, provided further breath samples at the RCMP station, and was charged with impaired driving and driving over .08.

Once we were retained, we carefully reviewed the allegations and found what we believed to be a fatal flaw in the RCMP investigation.  We contacted the Crown Prosecutor’s office immediately, and successfully negotiated a withdrawal of all charges on our client’s very first court appearance.

Successful Result: No Criminal Record, Charges Withdrawn

Refusal Withdrawn and Impaired Driving Curative Discharge Granted

Calgary Provincial Court
Case Number: 7519751

Our client was initially observed passed out in her vehicle in the middle of an intersection.  A police helicopter found and followed our client (recording extensive erratic driving) until she was stopped and arrested.  She was observed to be extremely intoxicated, and was arrested for impaired driving.  At the police station, she refused to provide breath samples, and was charged with impaired driving and refusal.

Although client did not have any defence to the impaired driving charge, we were able to negotiate a withdrawal of the refusal charge in exchange for a guilty plea to impaired driving.  We then successfully convinced the court not to impose a criminal record on our client with her agreement to engage in treatment for her alcohol addiction.

Successful Result: No Criminal Record, Curative Discharge

Domestic Assault Charge Withdrawn

Airdrie Provincial Court
Case Number: 7620521

Our client was charged with assault against his ex-wife. He was also served with an Emergency Protection Order (EPO) that contained several serious allegations. Once we were retained we immediately sought disclosure and began resolution discussions with the Crown. We found several extreme discrepancies between the allegations in the EPO and what the complainant told police. We used this to challenge the complainant’s credibility, and the assault charge was withdrawn weeks after our client’s first court appearance.

Successful Result: No Criminal Record, Charge Withdrawn

Domestic Assault Charge Results in Peace Bond and Charges Withdrawn

Cochrane Provincial Court
Case Number: 7620291

Our client was facing a historical domestic assault charge. It was alleged that he had grabbed his partner by the hair and dragged her out of the home in front of their six-week old child. Upon being retained we immediately sought disclosure and reviewed it in detail with our client. We entered resolution discussions with the Crown and successfully negotiated a peace bond for our client. As such, the domestic assault charge was withdrawn.

Successful Result: No Criminal Record, Peace Bond, Charge Withdrawn

Domestic Assault Charge Results in Peace Bond and Charges Withdrawn

Cochrane Provincial Court
Case Number: 7620471

Our client was charged with assaulting his girlfriend after he called 911 during an argument between the two of them.
Once retained we sought disclosure and immediately began negotiating with the Crown. We were successful in obtaining a peace bond for our client and the domestic assault charge was withdrawn.

Successful Result: Peace Bond, Charge Withdrawn

Unlawfully in a Dwelling House, Charge Withdrawn

Calgary Provincial Court
Case Number: 22601281

Our client was charged with unlawfully being in a dwelling house after it was alleged that he was heavily intoxicated and entered another person’s home without permission, frightening the homeowner who was watching TV in the living room.
Upon being retained we immediately requested disclosure. We were able to get our client into the Alternative Measures Program, and his charge was withdrawn once he completed the program.

Successful Result: Charges Withdrawn, No Criminal Record

Break and Enter, Theft Under $5000, Possession of Break-In Instruments, Possession of a Weapon for a Dangerous Purpose, Charges Withdrawn

Airdrie Provincial Court
Case Number: 23500891

Our client was facing a number of serious criminal charges after it was alleged that he had broken into a home and had stolen a number of items. Upon being retained we immediately sought disclosure, including a fingerprint analysis. We determined that the identification of our client as the accused could not be proven beyond a reasonable doubt. We negotiated with the Crown and they withdrew all of the charges.

Successful Result: Charges Withdrawn

Theft Under $5000 Charge Withdrawn

Calgary Provincial Court
Case Number: 22601571

Our client was charged with Theft Under $5000 after it was alleged that she had stolen money from her employer.
Once we were retained we sought disclosure and reviewed it with our client. We got our client into the Alternative Measures Program, and the charge was withdrawn upon completion of the program. As a result, our client does not have a criminal record and she was able to continue working abroad teaching English.

Successful Result: Charge Withdrawn, No Criminal Record

Unlawfully in a Dwelling House, Charge Withdrawn

Calgary Provincial Court
Case Number: 22601281

Our client was charged with unlawfully being in a dwelling house after it was alleged that he was heavily intoxicated and entered another person’s home without permission, frightening the homeowner who was watching TV in the living room.

Upon being retained we immediately requested disclosure. We were able to get our client into the Alternative Measures Program, and his charge was withdrawn once he completed the program.

Successful Result: Charges Withdrawn, No Criminal Record

Break and Enter, Theft Under $5000, Possession of Break-In Instruments, Possession of a Weapon for a Dangerous Purpose, Charge Withdrawn

Airdrie Provincial Court
Case Number: 23500891

Our client was charged with unlawfully being in a dwelling house after it was alleged that he was heavily intoxicated and entered another person’s home without permission, frightening the homeowner who was watching TV in the living room.

Upon being retained we immediately requested disclosure. We were able to get our client into the Alternative Measures Program, and his charge was withdrawn once he completed the program.

Successful Result: Charges Withdrawn, No Criminal Record

Theft Under $5000, Charge Withdrawn

Calgary Provincial Court
Case Number: 22601571

Our client was charged with unlawfully being in a dwelling house after it was alleged that he was heavily intoxicated and entered another person’s home without permission, frightening the homeowner who was watching TV in the living room.

Upon being retained we immediately requested disclosure. We were able to get our client into the Alternative Measures Program, and his charge was withdrawn once he completed the program.

Successful Result: Charges Withdrawn, No Criminal Record

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Michael answered his phone at 10 o’clock at night and he and his associate helped us navigate the intimidating criminal justice system over the next 72 hours. They were available to us 24/7, clearly explained our options at each step and answered all of our questions promptly. It felt like having a guardian angel watching over us. If you have a criminal matter that you need assistance with, this is the man you need to contact.

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I was charged with assault for a minor scuffle. I knew I was in good hands with Michael’s solid legal advice and preparation for my pending case. Because of his knowledge, advice and legal expertise, all charges were dropped. Michael and his team take pride in providing not only the right result, but quality customer service along the way. I heartily recommend Michael Oykhman to anyone seeking legal counsel!

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.