Client found in a disabled vehicle in a country ditch following a civilian 911 call. Upon arrival of police the accused was obviously impaired. At the police station he provided breath readings which were nearly four times legal limit. Client charged with care and control of a motor vehicle while impaired and over 80. Given client’s lengthy, related criminal record, Crown seeks lengthy jail term and proceeds by indictment.
Client acquitted by a jury at trial. Defence elected trial by jury trial because of the accused’s record which was successfully suppressed due to the “overly prejudicial” effect it would have on the jury. Accused was thereby able to testify in order to rebut the presumption that he had entered his vehicle for the purpose of setting it in motion and the jury fairly determined that issue without being distracted by accused’s multiple convictions for similar crimes.