Impaired Driving

>>Impaired Driving
Impaired Driving 2017-11-19T20:15:18+00:00

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.


Impaired/Blowing Over .80/Refusal

Charges Stayed or Withdrawn

Case Number: 55572287
Our client was charged with Impaired driving, driving over 80 as well as failing to produce Insurance. Our client rear-ended another vehicle, and due to the severity of the collision the police were dispatched to the scene. Upon speaking to our client, our client admitted to drinking hard alcohol. The police also noticed a smell of alcohol coming from his breath, slow and deliberate speech, and a slow and unstable walk. The police formed the opinion that he was impaired, arrested him, and brought him back to the police station where he blew 0.280 and 0.270 on the evidentiary instrument.

Upon being retained we requested disclosure and set the matter for trial. We filed a Charter motion on our client’s behalf and both the Impaired Driving and the Over 0.08 charges were stayed prior to trial. Our client walked away with no criminal record, and was only required to pay a $233.00 fine for failing to produce valid insurance.

Successful Result: Charges Stayed, No Criminal Record

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

Case Number: 555572284

 Our client was charged with impaired driving and driving over 0.08 after the police saw him driving 20 km over the posted limit. They attempted to chase our client down, but could not catch him until he had pulled into his garage. As the garage door began to close, the police got out of their vehicle, went into our client’s garage and began questioning him. One officer reported smelling alcohol on our client’s breath, and demanded that our client accompany him to perform a roadside screening test. Our client failed the test and was arrested for impaired driving, and was brought back to the station where he blew 0.170 in the evidentiary instrument.

Upon being retained we examined our client’s disclosure and found multiple violations of his Charter rights. Specifically, we argued that the police violated our client’s rights to be free from unreasonable search and seizure when they trespassed onto our client’s property during their investigation. We also argued that the police failed to properly provide our client with his right to counsel. We sent our Charter notice to the Crown Prosecutor and all charges against our client were withdrawn prior to trial.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 762101
Our client was pulled over by the police after running a stop sign. When the police approached our client’s vehicle to issue him a ticket, they reported being able to immediately smell alcohol coming from his breath, and also noticed that he had very slurred speech and red glossy eyes. Further, when the police asked our client to exit his vehicle for the purpose of performing a roadside screening test, it was reported that he could not keep his balance and that he immediately fell back down into his car. Our client was then arrested for impaired driving and brought back to the police station where he blew 0.200 and 0.210 in the evidentiary instrument.

Upon being retained we immediately ordered and reviewed disclosure, and found that our client’s rights had been violated a number of times throughout the investigation. We filed a comprehensive Charter notice on our client’s behalf and notwithstanding the strong evidence against our client, all charges were withdrawn prior to trial.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 562032

Our client was pulled over by the police after she was observed driving at erratic and inconsistent speeds. The police pulled her over and noticed the smell of alcohol coming from her breath when she spoke. The police then asked her whether she had anything to drink, to which she replied yes. The police then administered a roadside screening device which registered a fail. Our client was arrested for impaired driving and brought back to the police station where she registered 0.140 on the evidentiary instrument.

Upon being retained we ordered and reviewed disclosure and found that the police made a number of mistakes that resulted in serious breaches of our client’s Charter rights. We drafted and submitted a Charter notice to the Crown Prosecutor, and then proceeded to discuss the weaknesses in the case against our client. On the basis of our advocacy, all of the charges against our client were withdrawn.

Successful Result: Charges Withdrawn, No Criminal Record

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

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

Case Number: 562007

Our client was arrested and charged with Impaired Driving and Over 80 after the police received a complaint of an impaired driver leaving a bar in Airdrie. The police located our client and found him standing outside of the driver’s side door of his vehicle. Upon observing him and speaking with him, the police noticed that he was unable to maintain his balance, had extremely slurred speech, and smelled very strongly of alcohol. Our client was then arrested and brought back to the police station where he blew 0.170 in the evidentiary device.

Upon being retained we immediately ordered and reviewed disclosure. We identified multiple breaches of our client’s Charter rights and submitted a comprehensive Charter notice on that basis. Due to the strength of our anticipated arguments, the Crown Prosecutor withdrew the charges against our client prior to trial.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 5562043

Our client was arrested for Impaired Driving after a witness called the RCMP and reported that our client was seen driving in an extremely erratic manner all over the road. The RCMP located our client shortly thereafter, and observed him weaving in and out of his lane. The RCMP pulled our client over and noted that he had bloodshot eyes, a flushed face, and the smell of alcohol emanating from his breath. The RCMP asked our client to step out of his vehicle, and noted that our client also was unable to hold himself upright, and that he was staggering as he walked. Our client was then arrested and brought back to the police station where he blew 0.130 in the evidentiary instrument.

Upon being retained we immediately ordered and reviewed disclosure. We found that while investigating our client the RCMP had violated a number of his Charter rights. We subsequently submitted a Charter notice outlining the violations we had identified. As the Crown Prosecutor recognized they would have a low likelihood of success should the matter proceed to trial, both charges were dropped prior to trial.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 562018

Our client was arrested for impaired driving after the police stopped him for driving at an excessively slow rate on the highway. While interacting with our client, the police noticed a strong odor of alcohol emanating from our client, very unsteady gait, slurred speech, and even saw our client vomiting. Due to his level of intoxication, our client was transported to the hospital for medical examination. At the hospital, our client’s blood was drawn and subsequently seized by the police. Upon testing, the results revealed that our client had a blood alcohol content of 173 milligrams in 100 milliliters of blood, and our client was then charged with driving Over 80.

Upon being retained we immediately ordered and reviewed disclosure. We noticed that there were several breaches of our client’s Charter rights, and we submitted a Charter notice outlining the violations we had identified. Due to the strength of our anticipated arguments, the Crown Prosecutor withdrew all charges against our client prior to trial.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 762006

Our client was stopped by the police after pulling a quick U-turn and almost causing a head on collision. Upon approaching our client’s vehicle, the police noticed that his eyes were half open and that the smell of alcohol was emanating from our client’s breath. The police then asked our client to provide a sample of breath into a roadside screening device, which registered a fail. Our client was brought back to the police station where he registered 0.090 on the evidentiary instrument.

Upon being retained we immediately ordered and reviewed disclosure. We identified a number of violations of our client’s Charter rights and submitted a comprehensive Charter notice outlining all breaches of our client’s rights. We then began negotiating with the Crown Prosecutor who was initially only willing to resolve the matter with a guilty plea, a fine of at least $1300.00 and a year-long driving prohibition. Due to our confidence in the strength of our arguments, we declined the Crown’s resolution offer. On the day of trial, all charges against our client were withdrawn.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 751960

Our client was pulled over by the police after he was caught speeding almost 30km over the posted limit. Once he was pulled over, the police immediately noticed the strong smell of alcohol emanating from his breath as he spoke. The police then asked our client to provide a breath sample into a roadside screening device, and our client failed. He was then arrested for impaired driving and brought back to the station where he blew 0.100 and 0.120 in the evidentiary instrument.

Upon being retained, we immediately ordered and reviewed disclosure and identified a very serious breach of our client’s Charter rights. After submitting our Charter notice to the Crown Prosecutor, we were able to leverage this breach to successfully persuade the Crown to withdraw the charges against our client prior to trial.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 762014

Our client was stopped by the police after he was seen driving approximately 20 km over the posted limit and almost swung into the curb as his vehicle turned a corner. Upon being stopped by the police, the officer found that our client had a strong smell of alcohol coming from his breath and that his eyes were bloodshot. After being questioned by the police, our client also admitted to drinking shortly before he drove. The officer then asked our client to provide a sample of his breath into a roadside screening device which our client failed. Our client was then arrested and brought back to the station where he blew 0.090 and 0.080 in the evidentiary device.

Upon being retained we immediately ordered and reviewed disclosure to identify the weaknesses in the Crown Prosecutor’s case against our client. We then began resolution discussions with the Crown and were able to get the Crown to agree that in the circumstances of the case, there was no likelihood of conviction for either the over 80 or impaired charge. As a result, the criminal charges against our client were withdrawn.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 551979

Our client was stopped by the police after he quickly accelerated through a crowded parking lot while also driving on the wrong side of the road. Upon being pulled over, the police noticed that he had very slow and slurred speech, and that he face was very rosy. Our client also admitted to drinking earlier on that day. The police then asked our client to provide a sample of his breath into a roadside screening device, which he failed. He was then arrested for impaired driving and brought back to the police station. There he blew 0.220 in the evidentiary device.

Upon being retained we ordered disclosure and identified a number of breaches of our client’s Charter rights. We wrote and submitted a Charter notice to the Crown Prosecutor that outlined all of the breaches we had found. Using these breaches, we were able to successfully negotiate a resolution with the Crown that would allow our client to plead guilty to a traffic infraction in exchange for the criminal charges being withdrawn. We were able to secure this result notwithstanding the fact that our client had several impaired driving infractions on his criminal record, and had also been previously granted a curative discharge.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 762088

Our client was stopped by the police after two phone calls were placed to 911 which reported an impaired driver who was allegedly pointing a rifle out of his window while he was driving. The police located our client and performed a high-risk traffic stop with their guns drawn. Upon stopping our client, the police noted that he had heavily slurred speech, bloodshot eyes, and the smell of alcohol emanating from his breath. While being questioned, our client also admitted to consuming alcohol prior to driving. Our client was then arrested and transported to the police station where he registered 0.150 on the evidentiary device.

Upon being retained, we immediately ordered disclosure and identified a number of violations of our client’s Charter rights. We submitted a Charter notice outlining detrimental weaknesses in the Crown Prosecutor’s case against our client. On the basis of our advocacy all charges against our client were withdrawn prior to trial.

Successful Result: Criminal Charges Withdrawn, No Criminal Record

Case Number: 53562260

Our client was charged with Impaired Driving, Driving Over 0.08, and Dangerous Driving after being involved in a collision. The police were dispatched to the scene of the accident, and when they arrived were told by witnesses that our client was drunk. Upon speaking to our client, the police officers noticed a smell of alcohol coming from our client’s breath, and our client admitted to drinking. Our client was arrested for impaired driving and brought back to the police station where he registered 0.130 on the evidentiary instrument.

Upon being retained, we immediately ordered disclosure, set the matter for trial, and filed a Charter motion on our client’s behalf. On the basis of our Charter notice and subsequent negotiations with the Crown, our client’s Over 0.08, Impaired Driving, and Dangerous Driving charges were withdrawn in exchange for a guilty plea to careless driving under the Traffic Safety Act and a fine.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 55672271

Our client was pulled over by the police in response to a report of an impaired driver. The police quickly tracked down our client and pulled him over. As the police spoke to our client through the driver’s side window, they noticed the smell of alcohol coming from the vehicle. Our client admitted to consuming alcohol, and the police demanded that he provide a sample of his breath into a roadside screening device. Our client became argumentative with the police, and refused to blow into the device. Our client was then charged and arrested for Refusal.

Upon being retained, we immediately did a detailed review of our client’s disclosure and found that our client’s rights were violated a number of times during the investigation. We then filed a comprehensive Charter motion on our client’s behalf outlining multiple breaches of our client’s rights. The Crown responded to our motion by withdrawing the charges prior to trial.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 53162251

Our client was driving and stopped at a stop sign. While at the stop sign, he rolled backwards and hit the vehicle behind him. The person he hit then called 911, reported the incident, and that stated that our client driving away in a very erratic manner.

The police located our client parked in his vehicle, and upon speaking to him immediately noted the smell of alcohol on his breath. Our client also admitted to consuming beer earlier on. The police demanded that he provide a sample of his breath into a roadside screening device. Our client refused despite being told he would receive a criminal charge if he failed to provide a sample. The police arrested him and charged him with Refusal.

Upon being retained, we requested disclosure, set the matter for trial and filed a Charter motion on our client’s behalf. By leveraging the strength of our Charter arguments, we were able to successfully persuade the Crown Prosecutor to withdraw our client’s criminal charge and instead allow our client to plead guilty to a Traffic Safety Act violation. As a result, our client only had to pay a fine and was able to completely avoid a criminal record.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 762072

Our client was pulled over by the police after he was found stopped at a flashing red light for a fairly long period of time. As he drove away, the police noticed him switch lanes without signaling and pulled him over for a traffic violation. Once stopped, the police saw open alcohol in his vehicle and asked him to provide a breath sample into a roadside screening device. Our client alleged that he could not understand what was being said to him and started speaking in another language. An officer who spoke that language was deployed to the scene to speak to our client. Once that officer arrived, our client stated that he only spoke a different, second language. Another officer who spoke the second language was then deployed to the scene to communicate with our client. Once that officer arrived, our client continued to insist he could not understand what was happening, and refused to provide a sample of his breath.

Our client was arrested for obstruction and charged with refusal. After being arrested, the police searched our client’s vehicle and located illegal drugs. After the drugs were found, our client was then also charged with possession of an illegal substance.

Upon being retained, we identified a number of weaknesses in the case against our client, notably several Charter violations that had occurred while the police were investigating our client. We proceeded to draft a Charter notice which we submitted and used to negotiate a pre-trial resolution with the Crown Prosecutor. On the basis of our efforts, we were able to advocate for a guilty plea to the charge of obstruction, have the  other two charges withdrawn, and have our client only pay a fine that was $250.00 less than what the Crown had initially proposed.

Successful Result: Refusal and Possession Charges Withdrawn. Charges Withdrawn, No Criminal Record

Curative Discharges

Case Number: 53662262

Our client was arrested for impaired driving after he was involved in a serious two-car collision. Police arrived on the scene of the collision and were immediately told by a witness that our client was impaired. Upon interacting with our client, the police noticed that he was stumbling, swaying from side to side, had red eyes, poor motor skills, and smelled of alcohol. The police arrested him shortly thereafter, and brought him back to the detachment to provide breath samples into an evidentiary instrument. While back at the station, our client was given multiple chances to blow into the device, but refused to do so.

Upon being retained, we set up a meeting with our client to discuss his options, and our client decided it was in his best interest to make a curative discharge application. Upon receiving instruction, we directed our client to comprehensive treatment programs that are well regarded by our courts. Once our client completed his treatment, we presented the court with comprehensive documentation that demonstrated the work he had done and that spoke to the his likelihood of successfully managing his alcohol addiction. As a result, the curative discharge application was granted and our client was able to avoid a criminal record.

Successful Result: Curative Discharge, No Criminal Record

Case Number: 751975

Our client was arrested for Impaired Driving after the police received a report of a potentially impaired driver swerving erratically on the road, almost striking parked cars. The police located our client stopped at a red light. They exited their vehicle and approached our client, who was found passed out in the driver’s side of her vehicle. The police woke our client and with some difficulty, got her to put her vehicle in park and exit her car. Upon her exiting the vehicle, the police found that she smelled strongly of alcohol, and found evidence that suggested she had been drinking alcohol while driving her car. Our client was taken back to the police station where she refused to provide a sample in the evidentiary device, and was charged with refusal.

Upon being retained we immediately ordered and reviewed disclosure. Further consultation with our client revealed that she had been struggling with a significant alcohol addiction. We obtained medical proof of her addiction and directed her to a comprehensive addictions counselling program. We used proof of her addictions management to advocate for a curative discharge. As a result, our client received no criminal record.

Successful Result: Curative Discharge, No Criminal Record

Case Number: 53572270

Our client was arrested for impaired driving after two police officers saw her drive into another vehicle in a parking lot. After our client collided with the other vehicle, the police immediately initiated a traffic stop. Upon approaching the vehicle the police found that our client smelled strongly of alcohol, that she was unable to speak properly, and that she was unable to follow any of their directions. She was then placed under arrest for impaired driving and asked to exit the vehicle. The police reported that when she was taken out of her vehicle that she was extremely unstable on her feet. It was further reported that once she was placed in the police vehicle, she began screaming at the top of her lungs and began threatening the police officers.

Upon being retained we immediately reviewed her disclosure and began preparing a Charter motion on her behalf. However, after further consultation with our client, she instructed us to assist her with a curative discharge application. We also obtained medical reports that confirmed that our client suffered from an alcohol addiction, and directed her to a treatment center with an excellent repute for addictions counselling. We presented proof of her progress in counselling to the court, and made effective and detailed submissions on her behalf. Due to our advocacy, we were able to successfully secure our client a 12 month curative discharge.

Successful Result: Curative Discharge, No Criminal Record

Case Number: 762046

Our client was stopped after a witness saw him driving his vehicle in an extremely erratic fashion. The witness stated that our client was unable to stay within his lane, that he would stop suddenly and without reason, and that he was speeding through a school zone at approximately 90km per hour. The witness called 911 and followed him until he was apprehended by the police. Upon interacting with our client, the police reported that he smelled very strongly of alcohol, that he was unable to stand or walk properly, and that he had very slurred speech. He was arrested and brought back to the station where he blew 0.170 on the evidentiary instrument.

Upon being retained, we immediately ordered disclosure and discussed all defences and potential courses of action with our client. At the time our client was suffering from a serious alcohol addiction that was profoundly affecting his life. We helped him to develop an aggressive plan for his rehabilitation that we knew would be well received by the court. After our client completed his treatment program, we were able to use the proof of our client’s progress in his treatment program to successfully advocate for a curative discharge. As a result, our client was able to avoid a criminal record.

Successful Result: Curative Discharge, No Criminal Record

Case Number: 55572294

After a night of drinking, our client was stopped by the police when she was seen driving down the wrong side of the road with her trunk open. Upon being stopped, the police reported that she was unable to figure out how to roll her window down, that she had difficulty finding the ignition, and that she smelled strongly of alcohol. She was then arrested for impaired driving and brought back to the police station. At the police station she engaged in a struggle with one of the arresting officers and deliberately kicked him in the shin, which led to her being charged with assaulting a police officer.
She was subsequently brought into the breath test room where she registered 0.190 on the evidentiary device.

Upon being retained we conducted a detailed review of our client’s disclosure and immediately identified several potential breaches of our client’s Charter rights. Upon further consultation with our client, she directed us to make an application for a curative discharge. We assisted her with developing a fulsome counselling program to address her alcohol addiction, and sought out medical reports in support of our application. We presented these materials to the Crown Prosecutor and to the judge alongside our submissions, and we successfully obtained a curative discharge for our client.

Successful Result: Curative Discharge, No Criminal Record

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

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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.

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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.

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