Earl's Case — Drive Over 80 — Dismissed

Client:  Earl, Accused
Complainant:  Ontario Provincial Police, Whitby
Charge:  Drive Over 80

Background:  Earl drove a bus for a living. He had a few drinks one evening. Afterwards, he was stopped by the police. They asked him to provide breath samples. He provided readings of 120 mg and 130 mg. Earl was charged with over 80. Since he didn't appear drunk, he was not charged with impaired driving.

READ THE POLICE REPORT

Goals:  Earl was in a panic. If he were convicted, he would lose his licence for one year, and would lose his job. He needed to beat the charge. His livelihood depended on it.

Strategy:  Earl instructed me to do everything humanly possible to beat this charge. He did not want to lose this case. He did not want to lose his job. The Crown refused to withdraw the charge. We prepared for battle. The trial started and all the evidence was heard. Earl did not testify. There were no defence witnesses. In my final submissions, I argued that the Crown had a good case except for one important detail.

Results:  The Crown had failed to prove that the breath samples were taken as soon as practical. That is a technical requirement that the Crown must satisfy. The Judge agreed. He dismissed the charge.

READ THE JUDGE'S DISMISSAL OF THE CHARGE