Alex's Case — Drive Over 80 — Dismissed

Client:  Alex, Accused
Complainant:  Toronto Police Force, 11 Division
Charge:  Drive Over 80

Background:  Alex had the misfortune of being charged again with drinking and driving. The first time was a few years ago, and he had plead guilty. This time he hired me. If he were found guilty again, he would receive a minimum of 14 days in jail and lose his licence for three years. Alex was a high-income earner, and his job required him to drive daily. Alex and his wife were expecting their first child, and his wife planned to leave her job. He would be the sole-income earner.

READ THE POLICE REPORT

Goals:  Alex's instructions were simple: do everything you can to beat this charge.

Strategy:  Fourteen months of interviews, research, pre-trials, Court appearances, and other preparation, crystallized into two arguments at trial: (i) I would first ask the Judge to dismiss the case because of the 14-month delay; and (ii) if that didn't work, I would call evidence to demonstrate that the breathalyser readings were inaccurate. Alex was disappointed when we lost the delay argument, but I told him to keep his spirits up. We lost the first battle, not the war. After the Crown finished its case, Alex and three of his co-workers testified as to how much alcohol Alex had to drink. We then called an expert to testify that, based upon Alex's consumption of alcohol, his blood alcohol level was below 80 milligrams.

Results:  Based on that evidence, the Judge had a reasonable doubt about the accuracy of the breathalyzer readings. He dismissed the charge.

READ THE JUDGE'S DISMISSAL
READ ALEX'S TESTIMONIAL