Daniel's Case — Impaired & Over 80 — Dismissed

Client:  Daniel, Accused
Complainant:  York Regional Police, 5 District
Charges:  Impaired Driving, Over 80

Background:  Daniel is a meticulous home renovator. In early 1996, he was expanding. He was just about to purchase a new truck. One evening around that time, he had a few drinks after work. He believed he was fit to drive. The police stopped him for speeding. They had a different opinion. Daniel was arrested for impaired driving. He was also given a breath demand. He produced two readings of 120 mgs each. The police added an over 80 charge.

READ THE POLICE REPORT

Goals:  Daniel wanted to beat the charges if possible. His livelihood depended on it.

Strategy:  Daniel put his expansion plans on hold. We waited. We prepared for trial. Our defence was that Daniel wasn't impaired and that the machine was mistaken. We hired an expert. The expert reported that, based on Daniel's actual alcohol consumption, he should not have blown over 80. We planned to present this evidence at trial. The trial was scheduled for May 28th. I also had another argument. Before trial, I asked that Daniel's case be dismissed because of excessive delay. The Judge did not agree, ruling that the delay was borderline. After the Judge's ruling, I off-handedly asked: "If we don't get on on the 28th?" The Judge replied: "I suspect you get a free pass."

Results:  On May 28th, the Court was overbooked. The trial did not start. There was going to be more delay. I brought Daniel's case back before the same Judge. I asked him to reconsider his earlier ruling. Just as I was closing my submissions, the Judge relaxed in his chair, threw up his arms, and declared: "You win. I give up."

READ THE TRANSCRIPT OF THE ADJOURNMENT
READ THE TRANSCRIPT OF THE DISMISSAL