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R. v. D.C. (Oshawa)
 
Client arrested at the scene of a mid afternoon accident near a construction site in a quiet residential neighbourhood. His car had inexplicably rear ended a parked construction vehicle. Damage was extensive and he may have been knocked out in the collision. A neighbour phoned 911, the police arrived and after detecting an alcoholic odour on the motorist breath, arrested him and took him to the station where he provided two breath samples which were both more than three times the legal limit. Client charged with impaired driving as well as operate over 80.
 
Case dismissed. Trial judge grants defence application to exclude breath readings based on a breach of the accused’s right to counsel. Judge accepts that insofar as the arresting officer made no effort to record the supposed waiver of counsel the court was thereby  deprived of an opportunity to determine whether or not the police officer's opinion was objectively justified. Once the excessive blood-alcohol readings were accordingly excluded from the equation, the trial judge agreed with the defence submission that the charge of impaired driving was not proven beyond a reasonable doubt since the concussive facts of the accident may well have contributed to the accused apparent state of “impairment” after the crash.

 

If you have been Charged with a Drinking & Driving Offence,
Contact : Michael Engel B.A., LL.B.

 

Day : 416-520-8054     24-hour Line : 647-360-7853

 

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Impaired Driving DUI Lawyers Toronto DUI and Impaired Driving Charges in Ontario, Drinking and driving, over 80, fail to provide or refuse to provide breath sample, excess blood alcohol and other drunk driving offences. Michael Engel is a Leading Criminal  defence Lawyer Who has argued in front of the Supreme Court of Canada and a record second to none defending impaired driving charges in Ontario Impaired Driving DUI Lawyers Toronto