Daisy's Case — Dangerous Driving — Plea to Careless

Client:  Daisy J., Accused
Complainant:  Peel Regional Police
Charge:  dangerous driving causing bodily harm

Background:  Driving home with two friends, Daisy sped through the cool night air enjoying the open road. Her passengers, not sharing in Daisy's delight, asked her to slow down. Ignoring them, Daisy sailed through a red light. The car took flight, wrapped itself around a hydro pole, and flung her two friends from the car. Daisy remained inside, trapped and unconscious. It took 45 minutes to cut her loose. All three were rushed to the hospital. Daisy and one passenger were seriously hurt. When she awoke, Daisy remembered nothing about the accident. Months later, the police charged her with dangerous driving causing bodily harm.

READ THE POLICE REPORT

Goals:  Daisy wanted to avoid jail, avoid a criminal record, and, if possible, avoid a licence suspension. Daisy also didn't want to go to trial. She was still healing from the accident, and didn't want the added stress.

Strategy:  At first, I felt no optimism: the injuries were serious, the facts were unsympathetic, and Daisy remembered nothing. To obtain an acquittal or a resolution that achieved Daisy's goals, I needed a viable defence: I found it in Daisy's lack of memory combined with the destruction of the "EDR" — the Event Data Recorder. Many late model vehicles have an EDR. After an accident, an EDR can provide information on speed and whether the accelerator or the brake was engaged. Daisy's car was destroyed after the accident but before she was charged: the critical data was therefore lost. Before the Judge, I could argue that the police delay in charging Daisy, combined with her inability to recall, had effectively taken away her ability to defend herself. Without her memory, and without the information from the EDR, Daisy would not be able to answer the Crown's case. Given that this unfairness was partly due to police inaction, the Judge might dismiss the charge.

Results:  The Crown never accepted my argument, but was sufficiently convinced to offer a deal that achieved most of what Daisy wanted. Daisy first plead guilty to "unlawfully causing bodily harm," and received a conditional discharge with probation. She then plead guilty to careless driving under the Highway Traffic Act. No jail. No conviction. No licence suspension.

READ THE UNLAWFULLY-CAUSING-BODILY-HARM TRANSCRIPT
READ THE CARELESS-DRIVING TRANSCRIPT
READ DAISY'S TESTIMONIAL