I’m very excited today because I was able to achieve a negotiated result of getting a charge withdrawn in Windsor Court today and my client only had to plead to a careless driving and the DUI charge was withdrawn.
What happened in this particular case is the client was pulled over at the roadside and the officer smelled an odor of alcohol on his breath. However, he didn’t have the roadside screening device with him. By the time the device arrived, approximately 17 minutes had passed.
Now in this particular situation, there’s a charter breach. The person should have been given his rights to counsel. This is the case of the interior Court of Appeal card called R. v. George and it was a very clearly hard-fought case. I filed motions and the prosecutor eventually gave in and offered us a careless driving on the day of trial. And my client was very excited with the result. I was too.
We could have gone to trial and probably stood a 90% chance or more of winning, but we avoided the criminal record. The client’s back driving. Everyone’s happy and we avoided that 10% risk of losing. This was a lot of hard work on our part. We’re very happy.
And this is the video tip of the day.
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