Toronto Criminal Lawyer - Impaired driving and over 80 charges withdrawn

Keith's Case — Impaired and Over 80 — Withdrawn

Client:   Keith S., Accused
Complainant:   York Regional Police Force, 2 District
Charge:   Over 80 and Impaired Driving, Criminal Code, s. 253(a)-(b)

Background: Keith and his family were out enjoying a night at the park. Keith had been drinking that evening. While they were sleeping, the wind came up something fierce. Not feeling secure in their tent, Keith and his family piled into his van. While still inside the park, they stopped to ask a Park Warden for directions. The Park Warden took one look at Keith, and knew he was drinking. After administering various field sobriety tests, the Park Warden arrested Keith for impaired driving. Keith also had to provide breath samples. At the police station, Keith registered readings of 328 and 339 milligrams of alcohol per 100 milliletres of his blood. He was then additionally charged with "over 80." I never had a client with breath readings higher than Keith's 339 and 328 who lived to tell about it.

Goals: Keith's livelihood was at stake. He worked as a diesel mechanic, which required him to drive every day. Without his licence, he would lose his job, and his family would lose their sole income earner. The goal was simple. Beat the charge!

Strategy: Initially, the case against Keith seemed overwhelming, with the readings so high, and with him so obviously drunk. But we had to win. When I first reviewed this case, there was no apparent defence. We were in Newmarket Court, however. At the time, that Court was experiencing horrible delays in scheduling trials. I knew that, even if we had nothing else, we could argue delay. We eventually scheduled the trial. The total delay in getting to trial was 15 months. I filed written submissions asking that the trial Judge dismiss the case because of this delay. I also kept asking for the notes of an officer who witnessed Keith's arrest. Despite repeated requests, I received neither a response nor the notes. I then filed additional written submissions asking that the trial Judge order the Crown to give me these notes.

Results: On the morning of the trial, the Crown's case was a mess. They couldn't find even one of their witnesses. After apologizing to the public for being unable to proceed with a case that really deserved (in the Crown's view) to be prosecuted, the Crown withdrew both charges. Keith danced in the hallway.