R. v. M.S.

Client subject to a traffic stop in the early morning hours on a residential street. Smells of alcohol and has a large stain on his shirt which he can’t explain. Police check shows that he is also on a recent probation order. He is unable to explain either where he’s been or where he’s going and during the course of the roadside investigation his behavior and demeanor rapidly deteriorates. He registers a fail on a roadside breath device and is taken to the station where his behavior is so bizarre that after the breath tests that he is taken to a local hospital to be assessed for a drug overdose. Charged with impaired driving, over 80 and fail to comply with probation.

All charges dismissed. Over 80 withdrawn prior to trial because of defence refusal to adjourn trial to accommodate Crown’s expert witness who was needed because the breath tests had been taken more than two hours after the time of driving. The fail to comply was withdrawn on the first day of trial because the defence objected to the admissibility of photocopied court records offered in support of proving the terms and fact of the probation. Lastly, the impaired driving charge failed because the case, which had been scheduled for a full day, started late due to the Crown’s prioritization of other cases and then, when it couldn’t be finished that day, couldn’t be rescheduled to continue for another six months. Defence application to stay for unreasonable delay accordingly granted on that return date.

By Michael Engel| September 18th, 2017|


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