Client arrested after a 911 call relating to a disabled vehicle at the side of the road on a major highway. When police attend the motorist displays obvious signs of impairment and is arrested. At the station he thereupon provides two breath samples both well over twice the legal limit. Charged impaired driving and over 80.

Charges dismissed. Despite the fact that the civilian witness was willing and able to testify at the trial the defence successfully argued that the unexplained failure of the Crown to disclose the civilian’s 911 call compromised full answer and defence because the witness could not be confronted with whatever inconsistencies there may have been between that contemporaneously, recorded account and trial testimony which would have been well over a year later. This necessitated an adjournment of the trial which resulted in a breach of the accused right to a trial within a reasonable time.

By Michael Engel| September 18th, 2017|