Kane's Case — Dangerous Driving — Withdrawn

Client:  Kane N., Accused
Complainant:  another driver
Charges:  Dangerous Driving and Fail to Remain

Background:  Kane was in my office. He was in a panic. The police were "on to me," he confessed. The police had left a message for Kane to call, but the officer didn't say why. Kane suspected it was about an incident a few months back, but he wasn't sure. He was worried. He didn't know what to do. Should he bury his head in the sand? Or, should he tackle the problem head on? He didn't want to aggravate the situation, but he also didn't want to jump into the volcano.

Goal —Investigation:  Kane's goal was to avoid being charged. I identified a secondary goal: "even if you will be charged, you do not want to assist the police in building a case against you." I wanted to give Kane the ability to remain silent (the right to remain silent is useless without it).

Strategy—Investigation:  I immediately telephoned the officer. He refused to tell me anything about the investigation (he wouldn't even tell me whether Kane was the target). The officer said that Kane should come to the station, giving me the old pick-up line "because this is something I prefer to deal with in person." I refused, explaining that we needed more information to enable Kane to make an informed decision. He refused to budge, and so did I. The officer ended the call with the warning that they were "still investigating." Kane was not at risk of immediate arrest, but the police could come knocking and might even arrest him. Kane's jitters continued to rattle. Kane and I then discussed the various scenarios that might unfold. We did some role playing. I taught him some coping mechanisms. In parting, I gave Kane the statement linked below to present to the police if ever confronted or arrested.

"I DON'T WISH TO MAKE ANY STATEMENT"

Results — Investigation:  For six weeks, all was quiet. Then the police came to Kane's apartment. They tried to get a statement but Kane stood his ground. They gave Kane his Court papers and left. Kane was charged with two criminal charges: dangerous driving and failing to remain at the scene of an accident. A conviction on either charge would see him lose his licence for at least 12 months.

READ THE POLICE REPORT

Goals — Court Process:  Kane's goal was to avoid a criminal conviction and to keep his licence. Given the delay with the arrest, I suspected the Crown would have a weak case. I hoped to get the charge withdrawn. Failing that, we would go to trial.

Strategy — Court Process:  In the disclosure, the other driver (a criminal law lawyer, as it turned out) was able to identify the vehicle but not the driver. The identification was, in my opinion, too weak to support a conviction. Initially, the Crown didn't agree. The Crown wanted Kane to plead guilty to a Highway Traffic Act offence. Kane refused. We agreed to schedule a trial.

Results — Court Process:  On the morning we were supposed to schedule the trial, the Crown telephoned me. She changed her mind. She told me that she would be concerned if Kane was convicted on the evidence they had, and therefore didn't feel comfortable sending the case to trial. She said she would be withdrawing the charge that morning. I immediately sent a text to my agent informing him of the change of plans. Kane could finally relax.

READ THE COURT TRANSCRIPT
READ kane'S TESTIMONIAL