Kendrick's Case — Over 80 — Withdrawn

Client:  Kendrick T., Accused
Complainant:  Toronto Police Service
Charge:  Over 80

Background:  After a long night of drinking and clubbing, Kendrick and a buddy had grabbed a bite to eat to allow time for the alcohol to wear off. Kendrick then drove his friend to a parking lot to pick up his car. Kendrick had thought he had waited long enough to eliminate the alcohol in his system. He was wrong. He was pulled over by a police officer as he left the parking lot. The officer asked Kendrick if he had been drinking. Kendrick admitted he had had a few drink. The officer demanded a breath sample in a roadside screening device. Kendrick complied. The breath sample registered just above the legal limit. Kendrick was in disbelief when he was charged.

READ THE POLICE REPORT

Goals:  Kendrick wanted to avoid a licence suspension. To do this, we would have to beat the over-80 charge.

Strategy:   As with any machine, the device that measured the level of alcohol in Kendrick's blood was subject to a margin of error. Our first step was to hire an expert witness who specialized in forensic toxicology to analyze Kendrick's drinking pattern and blood alcohol levels. The goal was to show that, given that Kendrick's blood alcohol level was just above the legal limit, there was a possibility that the reading may have been incorrect. Next, I met with the Crown and Team Leader to try to convince them that they did not have a case: maybe they would to accept a plea to "careless driving" under the Highway Traffic Act.

Results:  After reviewing the expert's report, the Crown agreed. Kendrick plead guilty to careless driving under the Highway Traffic Act, with a fine of $600. Kendrick wouldn't be facing a licence suspension.

READ THE COURT TRANSCRIPT