Jeff's Case — Drive Over 80 — Withdrawn

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

Background:  Jeff was driving along the highway after having had a few drinks. He was stopped at a R.I.D.E. checkpoint. He was asked to provide a roadside breath sample. He failed the test. He was arrested for driving while having over 80 milligrams of alcohol in 100 millilitres of blood. Afterwards, he gave two more breath samples, both showing the alcohol in his blood to be over the legal limit.

READ THE POLICE REPORT

Goals:  Jeff wanted to keep his licence, so we dug in our heels for trial.

Strategy:  In the early stages of the case, I insisted on the maintenance records for the breath machines that analyzed Jeff's breath. The Crown had trouble providing these, causing considerable delay. As a result, it took 13 months to get to trial. In advance of the trial, I filed written submissions asking the Judge to dismiss Jeff's charge because of the long delay. Fortunately, we never got to make the argument in Court. Three weeks before trial, the Crown realized that the arresting officer would be out of the country on the trial date. The Crown asked the Judge to adjourn the case. I argued that the Crown and the police had been negligent, and that the Crown should be forced to proceed with or without the arresting officer.

Results:  The Judge agreed. He dismissed the Crown's application. At the trial three weeks later, the Crown did not have its star witness and was forced to withdraw the charge.

READ THE JUDGE'S DISMISSAL OF THE ADJOURNMENT MOTION