Welcome to our website. My name is Mike Kruse. I’m the principal and owner of Kruse Law Firm. Today I’m happy to report we won a case in the Toronto courts involving an over 80 milligrams of alcohol in 100 milliliters of blood case. This was is a very interesting case because initially, we filed an extensive charter application to have the charges thrown out. The problem was, though what happened, is I had to abandon the charter application because the law changed from the Ontario Court of Appeal.
My client said to me, “Well, what do we do then?” and I said, “Well, let’s not give up now. I don’t see any other defenses on paper now that the law’s changed but you never know.” And he had to go to court because this gentleman was a truck driver. So we went to court, and the police officer kind of made a spontaneous error on the stand. He had indicated that the timing of a cigarette smoked just before this gentleman blew into the screening — approved screening device affected the mechanism, so we were able to file another charter application and have the case thrown out on that basis.
There was another issue developed as well, that the officer didn’t have his timeline straight. So I guess the point of the matter is, first of all we’re excited about this, but secondly on any over 80 milligram case in the province, oftentimes in court these spontaneous errors develop so don’t necessarily give up if your lawyer can’t find any defenses on paper or a constitutional argument.
Many times the Crown and the police can make a mistake in court so don’t give up, sit down with your lawyer, discuss things, get the advice you need. That’s the video tip of the day on how to win an over 80 case in court in downtown Toronto. Thank you for joining me today.