Bruce's Case — Dangerous Driving — Withdrawn

Client:   Bruce M., Accused
Complainant:   another driver at Markville Mall
Charge:   Dangerous Operation, Criminal Code, s. 249(1)(a)

Background:   Bruce is a retired senior officer of the Canadian military. He and his wife were visiting their son and his family in Ontario for Christmas. Bruce and his wife decided to do some shopping, and made their way to the Markville Mall. As Bruce was parking the car, another man parked so close that his wife was unable to exit. Bruce was miffed, exchanged a few angry words with the other driver, and then parked his car in another spot. When he returned from shopping, the police were waiting to arrest him for "dangerous driving." The police were not interested in hearing Bruce's or his wife's side of the story, as an "independent witness" had confirmed the "victim's" story. Since Bruce was from out of province, he was held in custody overnight, and released by a Justice the next day. He later told me that he had spent the night shivering in a police holding cell. He had never been arrested before.

READ THE POLICE REPORT

Goals:   Bruce met with me shortly after his release. He was still in a semi-state of shock at the series of events that found him charged with a criminal offence. Being a life-long military and law-and-order man himself, he was more disappointed than angry. He still couldn't believe that this could happen over an argument about a parking spot. We spent a good deal of time together that day, as I wanted to get Bruce grounded and focused. Yes, it was unfair, but it was happening, and we had to deal with it. By the end of the meeting, Bruce's determination was solid, and his objectives were clear. He wanted to go home, let me attend Court in his absence, and get the charge withdrawn or dismissed.

Strategy:   I first made arrangements so that Bruce would not have to appear in Court. I then set to work preparing the case. I had Bruce's wife produce a detailed statement regarding the events. I was also able to determine that the "independent" witness that had come forward was, in fact, at the mall with the other driver. When I met with the Crown some weeks later, I was able to convince the Crown that their case was not overwhelming, and that, considering all the circumstances, they ought not to proceed.

Results:   At the next Court date, the Charge was withdrawn, and Bruce entered into a peace bond. The Crown and the Judge even allowed me to sign the peace bond on Bruce's behalf so that he didn't have to fly back to Toronto.