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Over 80 Mg Case Win Overview

Video Transcript

I’m here to talk to you today about the video tip of the day. I’m very pleased to report a recent win I had in an ‘over 80mg’ case. This was a very hard-fought case, there were significant repercussions for my client. He was to be married in Canada, he was from overseas, and if we had lost this case, he would have been booted out of the country by Immigration Canada – there’s no question about that. So there was a lot on the line.

We ran three defences in this case. One is called a ‘mock defence’ to throw out the ‘over 80’ case. What happened here is that the police had videotaped him urinating before the first breath samples, and we were able to convince the judge that this was a privacy breach, and that his breath sample should be thrown out. The police aren’t necessarily supposed to do that – videotape you in the nude without advising you they’re doing that, and there’s certain protocols put in place in our province: security blankets, pointing out the camera, et cetera, so you can avoid being videotaped in the nude.

So we got the ‘over 80’ charge thrown out. But there were two other reasons the judge found. The judge found a breach in the rights to counsel, and also that there was not reasonable and probable grounds. So the client was ecstatic, he stays in the country, we have a wonderful Canadian here with his family. He’s a professional and his wife is as well, and they’re going to be a great asset to this country. We’re so ecstatic to have won this case. Everything was on the line and I can’t be more pleased with this one.

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