Impaired Driving

>>Impaired Driving
Impaired Driving 2020-09-16T21:01:59+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.


DUI Offences

Charges Stayed, Withdrawn, or Acquitted

Case Number: 75790038

Our client was arrested after someone called police to report a suspicious vehicle parked at a gas station. When officers arrived, they noticed that our client’s vehicle was parked, its left tires were ripped and deflated, and our client was sitting on the passenger side looking around for something. When officers approached our client, he immediately admitted to having a few drinks, which prompted the officer to demand a breath sample. Our client complied but was unable to provide an adequate sample. After several failed attempts, our client was arrested for failure to provide a sample.

Upon being retained, we immediately requested disclosure and thoroughly reviewed the police body-worn camera footage of the arrest. In doing so, we noticed several violations of our client’s Charter rights and promptly filed a Charter application. As a result of our findings, the Crown Prosecutor stayed the charge and our client avoided a criminal record.

Successful Result: Charge Stayed; No Criminal Record

Case Number: 55582522

Our client was charged after a hotel clerk complained to police that he was intoxicated and causing a disturbance. When police arrived, one officer noticed that our client’s eyes were red and glassy, his breath smelled of alcohol and he was acting agitated. As a result of these observations and the complaint, our client was arrested for Causing a Disturbance. Once in the police vehicle, our client was instructed to provide a breath sample, which he refused. The officer then added a Refusal to Provide a Breath Sample charge against our client.

Upon being retained, we immediately ordered disclosure and pointed out a Charter violation in the arrest process. We submitted a notice of this violation to the Crown Prosecutor and set the matter for trial. Based on the Charter notice and subsequent negotiations with the Crown, our client’s refusal charge was withdrawn in exchange for a guilty plea to causing a disturbance. As a result, our client paid a small fine and did not lose his Licence.

Successful Result: Charge Withdrawn; Fine

Case Number: 55792555

Our client was pulled over when a nearby police officer suspected that he was driving while impaired. The officer demanded a breath sample which our client did not refuse. However, his significant anxiety issues and resulting chest pains caused him to not be able to provide an adequate sample. As a result of this, our client was immediately arrested and charged with refusal to comply with a breath demand.

Upon being retained, we ordered and reviewed disclosure and discovered several Charter violations over the course of the investigation. We filed a Charter Notice on our client’s behalf outlining these issues and illustrating the improper police investigation. As a result of this Charter Notice and the medical documentation, all charges were withdrawn.

Successful Result: Charges Withdrawn; No Criminal Record

Case Number: 55272396

Our client was arrested following a traffic stop during which the police officer demanded he provide a breath sample. The police were originally contacted by an individual who allegedly observed our client’s vehicle driving through a parking lot seeming impaired. When police located our client, they immediately conducted the traffic stop without incident. When the officer spoke to our client, he noticed our client smelled of alcohol and had red, glazed eyes. The officer immediately demanded our client provide a breath sample, which was inconclusive after several failed attempts. Our client was then arrested and charged with refusal to provide a breath sample.

Upon being retained, we ordered disclosure and identified several technical issues with the police investigation. We raised these with the Crown Prosecutor and successfully argued that based on these, the charge should be withdrawn. As a result of these discussions, the Crown stayed the charge against our client.

Successful Result: Charge Stayed; No Criminal Record

Case Number: 1713741

Our client was driving home from a night out with a friend when he turned the wrong direction onto a one-way road. He immediately noticed his mistake and began to make a U-turn when he was pulled over. The police officer asked our client if he had anything to drink, to which he responded “yes” and was instructed to get out of his vehicle. When the officer mentioned that another officer would soon bring a roadside test, our client stated that his lawyer advised him not to provide a sample and he intended to follow those instructions. After refusing the officer’s demand, our client was arrested for refusing to provide a breath sample.

Upon being retained, we immediately requested disclosure, including the body-worn camera footage from the police officers. We discovered several problems with the investigation, including a Charter violation and raised these with the Crown Prosecutor. As a result of our negotiation, the Crown withdrew the charge against our client.

Successful Result: Charge Withdrawn; No Criminal Record

Case Number: 1783724

Our client was arrested for impaired driving after an officer noticed him idling in his truck on a side road late one evening. Despite our client’s contention that he had only one beer, the officer arrested him and took him to the police station where he was required to provide a breath sample. The sample showed that our client was intoxicated beyond the legal limit and as a result, he was charged with driving while impaired and operation of a vehicle over 80mg%.

Upon being retained, we reviewed disclosure and our client’s medical history. The disclosure revealed significant issues with the investigation and the infringement of our client’s Charter right to legal counsel. The medical history revealed that our client had a salivary gland condition that he treated with mouthwash. At trial, these issues were brought before the court, and after a lengthy cross-examination of the arresting officer, the Crown Prosecutor withdrew all charges.

Successful Result: Charges Withdrawn; No Criminal Record

Case Number: 75790088

Our client was arrested after a witness noticed his car driving onto a curb and coming to a stop. When the witness approached our client’s vehicle, she noticed that he was intoxicated and that there was a young child in the vehicle with him. At that point, the witness contacted police. When police arrived, our client and the child were out of the car and the officer noted that our client was slow to respond, uneasy on his feet and that he smelled like alcohol. Our client was then arrested for impaired driving.

Upon being retained, we immediately requested disclosure and noticed several inconsistencies within the police report. We raised these with the Crown Prosecutor and successfully persuaded the Crown to enter resolution discussions without proceeding to trial. As a result of these discussions, the Crown agreed to withdraw the charges against our client.

Successful Result: Charges Withdrawn; No Criminal Record

Case Number: 25690248

Our client was driving late at night on icy roads when he was cut off by another vehicle, sending him into the ditch. While waiting for a tow truck, an officer arrived on scene and administered a roadside test. Our client was arrested for impaired driving and brought to the police station where a proper breath sample was obtained. The sample showed that our client was driving while intoxicated beyond the legal limit.

Upon being retained, we ordered disclosure and noted several issues with the officer’s investigation including the arrest and subsequent interactions with our client which were recorded on the officers’ body-worn camera. We brought the video to the attention of the Crown Prosecutor and based on this, the Crown agreed to stay the charge against our client.

Successful Result: Charges Stayed; No Criminal Record

Case Number: 59592530

Our client was driving home when he swerved to avoid an animal in the road, leading him to strike a light pole. He immediately contacted police and when the officers arrived, they asked our client if he had been drinking and immediately administered a roadside test which showed that he had alcohol in his system. He was then arrested and taken to the police station where officers demanded a proper breath sample. The sample that our client provided showed that he was intoxicated beyond the legal limit. As a result, our client was charged with impaired driving.

Upon being retained, we immediately ordered disclosure and discovered several significant Charter violations as well as violations of police policy. We raised these with the Crown Prosecutor and based on this, the Crown agreed with withdraw the charge against our client.

Successful Result: Charges Withdrawn; No Criminal Record

Case Number: 55592573

Our client lost control of his vehicle and as a result, it rolled over and struck a power pole. Both a witness in a nearby home and our client contacted police to report the incident. When police officers arrived, they asked our client if he had anything to drink, to which he responded “no”. The officer then demanded a breath sample but stated that because our client was smoking a cigarette, they would have to wait 20 minutes before taking the sample. Our client was put in the back of the police vehicle and an audio statement was taken from him. About two and a half hours later the officers took several breath samples from our client which all failed to produce a result. Our client was then arrested and charged with operating a motor vehicle while impaired.

Upon being retained, we immediately ordered disclosure and found several Charter violations throughout the course of the investigation. We raised these with the Crown Prosecutor and as a result of these discussions, the Crown withdrew the charges.

Successful Result: Charges Withdrawn; No Criminal Record

Case Number: 9793782

Our client was arrested for impaired driving following a late-night traffic stop, which the police officer alleged was initially conducted for speeding. When the officer asked our client if he had anything to drink, he responded that he had approximately two drinks a few hours before he was pulled over. The officer noted that his eyes were red and glossy and demanded a breath sample. Our client complied and subsequently failed the test.

Upon being retained, we immediately ordered disclosure and noticed several Charter violations during the traffic stop and subsequent arrest. We brought these issues to the Crown Prosecutor and as a result of these findings, the Crown stayed the charges against our client.

Successful Result: Charge Stayed; No Criminal Record

Case Number: 3734

Our client was leaving a conference in Banff when he reversed into another vehicle causing minor damage. He left a business card on the car and drove back to his hotel. Later, he returned to write another phone number on the business card and inspect the damage further. Staff at the hotel approached our client to inquire about the collision and recommend that he take a taxi home as he had been drinking at the hotel that evening. Our client obliged, returned to his hotel and went to sleep. In the early morning hours the following day, police arrived at his hotel room and demanded a breath sample. After initially resisting, our client eventually agreed to provide a sample which showed that he was intoxicated beyond the legal limit at that time. He was then arrested for driving while impaired earlier that evening.

Upon being retained, we immediately ordered disclosure and discovered several issues and Charter violations throughout the investigation. We pointed these out to the Crown Prosecutor and based on these, the Crown agreed to withdraw the charges against our client. We then successfully appealed our client’s license suspension with the Alberta Administrative License Suspension board. As a result of our efforts, our client avoided criminal charges and his license suspension was cancelled.

Successful Result: Charges Withdrawn; License Suspension Cancelled; No Criminal Record

Case Number: 55592579

Our client was involved in a car accident early in the morning. The police officer who attended the scene after the collision noticed that our client smelled like alcohol and began to question him. Our client told the officer that he had consumed a few drinks the night before. The officer then arrested our client on suspicion of impaired driving and brought him to the police station to retrieve a proper breath sample. There, our client provided two breath samples which showed that he was intoxicated beyond the legal limit.

Upon being retained, we immediately requested disclosure and took a detailed statement of events from our client. Upon a thorough review of the police body-worn camera footage of the arrest, we noticed several violations of our client’s Charter rights. We immediately filed a Charter Notice and as a result of our findings, the Crown Prosecutor withdrew the charges.

Successful Result: Charges Withdrawn; No Criminal Record

Case Number: 75480015

Late one evening, our client was involved in a minor collision with another vehicle in a parking lot. When police arrived, one officer noticed that our client’s eyes were glossy, his breath smelled of alcohol, and he was visibly upset and pacing during the investigation. Based on this, police arrested our client and immediately demanded a breath sample which showed that our client was intoxicated beyond the legal limit.

Upon being retained, we ordered disclosure and discovered several Charter violations in the investigation. We filed a comprehensive Charter Notice on our client’s behalf, outlining the many ways our client’s rights were breached, and set the matter down for trial. As a result of the Notice and our advocacy, the Crown Prosecutor withdrew the charge before trial.

Successful Result: Charge Withdrawn; No Criminal Record

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: 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: 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: 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: 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

Case Number: 55682468

Our client was randomly selected while the police was conducting an Alberta Checkstop Program. Our client admitted to having consumed one drink one hour prior. Our client failed the roadside breath test and was arrested for impaired driving. Our client registered 0.90 on the evidentiary instrument and was also charged with driving over 0.80.

Upon being retained we ordered and reviewed disclosure. We determined that our client had virtually no defences and that there was a low probability of success. With our client’s instructions, we decided to test the Crown Prosecutor’s cases against our client nonetheless and set the matter for trial. At trial, the police officer failed to bring the required documents to prove the case against our client and the charges were withdrawn.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 19180018

Our client was charged with impaired driving and over 0.08 after a security guard contacted the police to inform them of an impaired driver leaving the casino. When the police approached our client, they could smell an odour of alcohol on his breath. Our client also told them that he had consumed 7 drinks that evening. Our client failed the roadside breath sample test and was taken to the police station to provide an evidentiary breath sample which was over the legal limit.

Upon being retained, we immediately ordered our client’s disclosure. We reviewed it thoroughly and found that our client’s language rights and right to a lawyer had been breached during the investigation. We set the matter down for trial. We began discussions with the Crown Prosecutor and convinced them that due to the breaches of our client’s rights, they would not be able to prove the charges against our client. Ultimately, the charges against our client were withdrawn, and our client was able to avoid receiving a criminal record.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 65480161

Our client was charged with impaired operation of a motor vehicle and over 0.08 after a report of a suspicious person at a gas station. The police located our client who was sitting in his running vehicle in a parking stall and noticed a smell of alcohol. Our client failed the roadside breath test and blew 0.250 on the evidentiary instrument.

Upon being retained we immediately ordered and reviewed disclosure and identified multiple breaches of our client’s constitutional rights under the Canadian Charter of Rights and Freedoms. We submitted a comprehensive Charter notice which persuaded the Crown Prosecutor to withdraw all charges against our client prior to trial.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 55572389

Our client was initially approached by the police after being observed parked on the side of the road. He had an odour of liquor coming from him, slurred speech, and dull motor skills. He was arrested and charged with impaired care and control. Our client blew 0.240 on the evidentiary instrument and was also charged with driving over 0.08.

Upon being retained we immediately ordered disclosure. We discussed all potential courses of action with our client, who was suffering from a serious alcohol addiction. We assisted him in developing an aggressive plan for his rehabilitation. By pointing out deficiencies in the Crown’s case and providing proof of our client’s successful completion of a 12-week sobriety program and charitable donation to a local organization, we convinced the Crown to withdraw all charges.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 55572298

Our client was approached by the police after a security guard called 911 to report a potential impaired driver in a parking lot. Our client had an odour of alcohol coming from his mouth, was stumbling, and admitted to having consumed 3-4 shots. Our client was arrested for impaired driving and brought to the police station where he registered 0.140 on the evidentiary instrument. The police searched his car and found marijuana and an open bottle of liquor.

Upon being retained we ordered and reviewed disclosure and found that the police made a number of mistakes which resulted in breaches of our client’s Charter rights. We drafted and submitted a Charter Notice to the Crown Prosecutor and proceeded to discuss potential resolutions. Further consultation with our client revealed that he was suffering from a significant alcohol and drug addiction. We directed him to a comprehensive addictions counseling program. By utilizing proof of our client’s addictions management and pointing out the weaknesses in the case against our client, we convinced the Crown Prosecutor to withdraw all charges prior to trial.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 55582422

Our client was stopped by the police as he was leaving an area where a fight had been reported. The police observed that our client appeared nervous, had an odour of alcohol on his breath, and had red, glossy eyes. The police asked our client to provide a roadside sample of his breath and our client refused to comply. The police arrested our client for refusal.

Upon being retained, we immediately ordered and reviewed our client’s disclosure. We identified several violations of our client’s rights pursuant to the Canadian Charter of Rights and Freedoms. We drafted and submitted a comprehensive Charter Notice alleging multiple breaches of our client’s rights, which persuaded the Crown Prosecutor to withdraw the charge against our client prior to trial.

Successful Result: Charge Withdrawn, No Criminal Record

Case Number: 25680054

Our client was pulled over for a roadside stop after police received a complaint that a vehicle was driving erratically and failing to stay within the lane. The police officer smelled an odour of alcohol coming from the vehicle and asked our client to step outside for a breath sample. After being transported back to the detachment, our client made several unsuccessful attempts to call a lawyer and told police officers that he was not refusing to blow but wanted to seek legal advice from counsel before doing so. The police then charged our client with refusal to provide a breath sample.

After reviewing our client’s disclosure, we identified multiple violations of our client’s Charter rights. We drafted and submitted a Charter Notice alleging these breaches. As a result, the Crown withdrew the charges against our client prior to the trial.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 35380209

Our client was pulled over by the police. The police noticed a smell of alcohol on our client’s breath and our client admitted to having consumed a few drinks earlier. Our client failed the roadside breath test and was taken to the police station where he registered 0.100 in the evidentiary instrument. Our client was charged with impaired driving, over 0.08, and speeding.

Upon being retained, we immediately ordered and reviewed our client’s disclosure. We identified multiple violations of our client’s Charter protected rights. We drafted and submitted a comprehensive Charter Notice alleging breaches of these rights. As a result, the Crown Prosecutor withdrew all charges against our client prior to the trial.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 65680195

Our client was pulled over by the police and detained under suspicion of impaired driving. The police officer noticed a strong odour of alcohol coming from within the vehicle and asked our client for a breath sample. After failing the breath sample test, our client was charged with impaired driving.

Upon being retained, we immediately ordered and reviewed our client’s disclosure. We determined that there were multiple violations of our client’s protected Charter rights, mainly that our client was asked several questions to which she responded and provided incriminating evidence, before she was advised of her right to counsel. We drafted a comprehensive Charter Notice outlining these violations. As a result, the Crown decided to withdraw the charges against our client prior to the trial.

Successful Result: Charge Withdrawn, No Criminal Record

Case Number: 75680008

Our client was arrested for impaired care and control of a motor vehicle after a witness called 911 with a complaint of a suspicious person. The police approached our client as he was sitting in his vehicle. There was a smell of fresh marijuana coming from inside the vehicle. Our client had glassy and bloodshot eyes and admitted to having smoked marijuana. The police arrested him for impaired driving.

Upon being retained, we ordered and reviewed all disclosure. We immediately identified and pointed out to the Crown Prosecutor several violations of our client’s Charter rights. As a result, we were able to successfully negotiate a stay of proceedings.

Successful Result: Charge Stayed, No Criminal Record

Case Number: 55272342

Our client was pulled over by the police after our client failed to stop at a red light. The police noticed that our client’s eyes were red and there was a smell of alcohol coming from his mouth. Our client admitted that he had a couple of drinks. After he failed the roadside breath test, the police read a breath demand and asked our client whether he would provide a sample of his breath. Our client did not understand why he had to provide another sample and had a few questions. The police charged him with impaired driving, refusing to provide a breath sample, and obstructing a peace officer.

Upon being retained, we ordered and reviewed the disclosure. We immediately identified several issues and lacking pieces of information in the case against our client. We discussed our client’s case with the Crown Prosecutor, who was unable to gather the required additional information. We ultimately convinced the Crown Prosecutor to accept our client’s version of events and stay the charges. As a result, our client avoided a criminal record.

Successful Result: No Criminal Record, Charges Stayed

Case Number: 65680195

Our client was stopped by the police after she failed to stop at an intersection. The police could smell an odour of alcohol coming from the vehicle. Our client admitted to having consumed alcohol earlier that day. Our client failed the roadside breath test and was brought to the police station where she registered 0.90 on the evidentiary breath instrument. She was charged with impaired driving and over 0.80.

Upon being retained, we immediately ordered and reviewed our client’s disclosure. We identified multiple breaches of our client’s Charter protected rights. We drafted and submitted a comprehensive Charter Notice alleging breaches of our client’s right to counsel, right to be free from arbitrary detention, and right against unreasonable search or seizure. As a result, the Crown Prosecutor withdrew the charges against our client.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 55272345

Our client was pulled over by the police when they noticed that she had a burned-out tail light. The police noted that she had a smell of alcohol coming from her mouth and glossy eyes. Our client admitted to having consumed a few beers. Our client failed the roadside breath test and was charged with impaired driving. She was brought to the police station where she registered 0.10 in the evidentiary instrument. She was also charged with driving over 0.08.

Upon being retained, we immediately ordered our client’s disclosure. We identified a breach of our client’s right to counsel under the Charter of Rights and Freedoms. We also made multiple requests for specific pieces of disclosure that were missing, in violation of our client’s right to make full answer and defence. We drafted and submitted a Charter Notice alleging these breaches of our client’s rights, which convinced the Crown Prosecutor to withdraw all charges against our client. As a result, our client avoided a criminal record.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 55582414

Our client was stopped by police after he ran through a red light. Our client admitted to having consumed alcohol that evening. When the police had our client provide a breath sample in the roadside device, the machine showed an “error” result. The police waited and tried again, at which point our client failed the roadside test. Our client was then brought to the police station where he blew 0.140 in the evidentiary instrument.

Upon being retained, we ordered and reviewed our client’s disclosure. We made multiple requests for disclosure of information related to the error message on the roadside breath instrument. We ultimately had to subpoena the police officer in question, requesting that he bring his training manual to the trial. When the police officer did not do so, we made contested in-court submissions and argued that not having that information was a serious breach of our client’s Charter-protected right to make full answer and defence. We were successful in our application and the Judge dismissed the charges against our client. As a result, our client avoided a criminal record.

Successful Result: Charges Dismissed, No Criminal Record

Case Number: 55582429

Our client was charged with refusing to provide a breath sample after the police conducted a traffic stop because our client’s vehicle had been fishtailing. The police realized that our client was at warrant status and arrested him. While putting our client in the police vehicle, the police noticed a strong odour of alcohol coming from our client. The police asked our client to provide a roadside sample of his breath and our client refused.

Upon being retained, we immediately ordered and reviewed our client’s disclosure. We identified multiple breaches of our client’s Charter-protected rights. We drafted and submitted a comprehensive Charter Notice. At trial, we were successful in our application and the Judge dismissed the charge against our client. As a result, our client avoided a criminal record.

Successful Result: Charge Dismissed, No Criminal Record

Case Number: 65680130

Our client was charged with impaired driving and refusing to provide a breath sample after police received a complaint of a careless driver on the road. The police attended the residential address of the registered owner of the vehicle and observed our client sitting in the vehicle. The police noticed a smell of alcohol on her breath. They asked her to provide a roadside sample of her breath and she refused.

Upon being retained, we immediately ordered and reviewed disclosure. We identified multiple breaches of our client’s rights under the Charter of Rights and Freedoms. We filed a comprehensive Charter Notice indicating our intention to argue these breaches at trial, which convinced the Crown Prosecutor to withdraw the charges against our client. As a result, our client avoided a criminal record.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 55582438

Our client was charged with refusing to provide a breath sample after the police stopped him for failing to stop at a flashing red light. Our client admitted to having consumed one beer and the police asked him to provide a sample of his breath. Our client refused and was charged with refusal. The police also gave him traffic violations for failing to obey a traffic device and operating a motor vehicle without holding a subsisting operator’s license.

Upon being retained, we immediately ordered and reviewed our client’s disclosure. We drafted and submitted a comprehensive Charter Notice identifying multiple significant breaches of our client’s right to counsel under the Charter. As a result, the criminal charge was stayed and the traffic tickets were withdrawn. Our client avoided a criminal record.

Successful Result: Charge Stayed, Traffic Tickets Withdrawn, No Criminal Record

Case Number: 69680125

Our client was charged with refusing to provide a breath sample after the police stopped him and noticed a smell of alcohol coming from the vehicle. The police asked our client to provide a sample of his breath and our client refused. The police arrested him and charged him with refusal.

Upon being retained, we ordered disclosure and identified multiple breaches of our client’s Charter-protected rights. Our client instructed us to proceed to trial. At trial, the Crown Prosecutor presented their entire case against our client. We cross-examined the Crown’s witnesses and demonstrated the inconsistencies and flaws in the case against our client. Before we had even finished, due to our advocacy and cross-examination strategy, the Crown Prosecutor asked the Trial Judge to dismiss the charge. As a result, the Judge dismissed the charge against our client and our client avoided a criminal record.

Successful Result: Charge Dismissed, No Criminal Record

Case Number: 59582435

Our client was charged with impaired driving and refusing to provide a breath sample while patrolling for a suicidal person. The police located our client in her vehicle and noticed a strong smell of marijuana. They immediately charged her with impaired care and control of a motor vehicle and possession of marijuana. The police also noticed a smell of alcohol and asked our client to provide a sample of her breath. Our client attempted to provide a sample 8 times. The police determined that she was purposely not following the instructions and charged her with refusal. The police did not locate any marijuana when they searched the vehicle so they dropped the possession charge.

Upon being retained, we ordered our client’s disclosure and conducted a thorough review of the evidence against her. We identified multiple severe violations of our client’s Charter rights. We successfully appealed our client’s provincial driving suspension at the Alberta Transportation Safety Board on the basis of the egregious Charter violations and our client’s driving suspension was canceled.  We brought this to the attention of the Crown Prosecutor and convinced them to stay the charges against our client. As a result, our client avoided a criminal record.

Successful Result: Charges Stayed, No Criminal Record

Charges Curatively Discharged

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

Case Number: 35380181

Our client was initially observed passed out in his vehicle at an intersection, with his foot on the brake and the vehicle still in drive. He was difficult to rouse, smelled strongly of alcohol, slurred his words, and admitted to having consumed a lot of alcohol. He was arrested for impaired driving. At the police station, he was brought in to the breath test room where he registered 0.210 on the evidentiary instrument; he was also charged with driving over 80.

Upon being retained, we immediately ordered disclosure and discussed all potential courses of action with our client. Further consultation with our client revealed that he had been struggling with an alcohol addiction and our client decided that it would be in his best interest to pursue a curative discharge application. We directed our client to comprehensive treatment programs that are well-regarded by our courts. We obtained proof of his addictions management and used it to successfully advocate for a curative discharge. As a result, our client received no criminal record.

Successful Result: Curative Discharge, No Criminal Record

Case Number: 35380217

Our client was arrested by police after a complaint of a hit-and-run causing injury. Our client had glassy and bloodshot eyes, open alcohol and empty alcohol cans in his vehicle, and admitted to having consumed a few drinks. He failed the roadside breath sample test and was arrested for impaired driving. He was brought to the police station where he blew 0.130 on the evidentiary instrument and was also charged with driving over 0.08.

Upon being retained, we set up a meeting with our client to discuss his options. 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. We obtained and presented the court with comprehensive documentation that demonstrated our client’s addictions management and successfully advocated for a curative discharge. As a result, our client received no criminal record.

Successful Result: Curative Discharge, No Criminal Record

Case Number: 55582485

Our client was arrested after a witness called 911 claiming to have seen our client collide with a parked vehicle and then proceed to drive on the wrong side of the street. When the police arrived, she was standing outside her vehicle. The police noted that our client was unsteady on her feet, had glossy eyes, was slurring her speech, and had a smell of alcohol coming from her mouth. The police arrested our client for impaired driving and brought her to the police station where she refused to provide a breath sample. It was also alleged that our client was not cooperating with the police and struck one of the officers in the face.

Upon being retained, we reviewed the disclosure and discussed all potential courses of action with our client. She decided that it would be in her best interest to make a curative discharge application. We directed our client to treatment programs that are well-regarded by our courts. We obtained comprehensive documentation which included proof of addictions counseling and stress management counseling. We negotiated with the Crown Prosecutor and convinced them to drop the dangerous driving, refusal, and assault of a police officer charges in exchange for a guilty plea to the impaired driving charge. We used proof of our client’s addictions management and successfully advocated for a curative discharge. As a result, our client received no criminal record.

Successful Result: Curative Discharge, No Criminal Record

Case Number: 55582485

Our client was arrested after a witness called 911 claiming to have seen our client collide with a parked vehicle and then proceed to drive on the wrong side of the street. When the police arrived, she was standing outside her vehicle. The police noted that our client was unsteady on her feet, had glossy eyes, was slurring her speech, and had a smell of alcohol coming from her mouth. The police arrested our client for impaired driving and brought her to the police station where she refused to provide a breath sample. It was also alleged that our client was not cooperating with the police and struck one of the officers in the face.

Upon being retained, we reviewed the disclosure and discussed all potential courses of action with our client. She decided that it would be in her best interest to make a curative discharge application. We directed our client to treatment programs that are well-regarded by our courts. We obtained comprehensive documentation which included proof of addictions counseling and stress management counseling. We negotiated with the Crown Prosecutor and convinced them to drop the dangerous driving, refusal, and assault of a police officer charges in exchange for a guilty plea to the impaired driving charge. We used proof of our client’s addictions management and successfully advocated for a curative discharge. As a result, our client received no criminal record.

Successful Result: Curative Discharge, No Criminal Record

Case Number: 55582485

Our client was arrested after a witness called 911 claiming to have seen our client collide with a parked vehicle and then proceed to drive on the wrong side of the street. When the police arrived, she was standing outside her vehicle. The police noted that our client was unsteady on her feet, had glossy eyes, was slurring her speech, and had a smell of alcohol coming from her mouth. The police arrested our client for impaired driving and brought her to the police station where she refused to provide a breath sample. It was also alleged that our client was not cooperating with the police and struck one of the officers in the face.

Upon being retained, we reviewed the disclosure and discussed all potential courses of action with our client. She decided that it would be in her best interest to make a curative discharge application. We directed our client to treatment programs that are well-regarded by our courts. We obtained comprehensive documentation which included proof of addictions counseling and stress management counseling. We negotiated with the Crown Prosecutor and convinced them to drop the dangerous driving, refusal, and assault of a police officer charges in exchange for a guilty plea to the impaired driving charge. We used proof of our client’s addictions management and successfully advocated for a curative discharge. As a result, our client received no criminal record.

Successful Result: Curative Discharge, No Criminal Record

Case Number: 65180150

Our client was pulled over by the police after failing to indicate a left turn. Our client admitted to having recently consumed alcohol and he had delayed reactions and slurred speech. The police asked our client to provide a roadside sample of his breath and our client refused. The police arrested our client for refusal to provide a breath sample. Our client became agitated and the police also charged him with resisting a peace officer.

Upon being retained, we ordered disclosure and began negotiating with the Crown Prosecutor. We pointed out weaknesses in the case against our client. We convinced the Prosecutor to agree to withdraw the refusal charge and to join us in recommending a conditional discharge for the obstruction charge. We were successful in our application and our client avoided a criminal conviction.

Successful Result: Conditional Discharge, No Criminal Record

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