Rex's Case — Over 80 — Reduced to Careless Driving

Client:  Rex L., Accused
Complainant:  Ontario Provincial Police — Toronto Division
Charge:  Over 80

Background:  It was a warm July evening. The night air was delightful. Rex had been out for a "few drinks." He thought he was "ok" to drive. The roadside screening device thought differently. After blowing a "fail," Rex was arrested and taken to the police station. There, he provided samples of 106 and 109 milligrams of alcohol per 100 millilitres of his blood. Four hours later Rex was released from the police station with his test results, his Court date, and his automatic 90-day licence suspension. On the cab ride home, he found himself somewhere between flabbergasted and dumbfounded. Just a few short hours ago, he considered himself a rising star in Toronto's booming financial sector. Now, he didn't know what to think. Later that morning he connected with me by telephone. We spoke for 44 minutes. Since he was flying out of town, we arranged to meet upon his return.

READ THE POLICE REPORT

Goals:  When we met three weeks later, Rex was over the initial shock and ready to identify and focus on our goals: avoiding a criminal record and keeping his licence. He was prepared to sacrifice the latter to achieve the former, but hoped to achieve both. I promised to do my best, but guaranteed neither result.

Strategy:  We hired a toxicologist. Using Rex's recollection of the alcohol consumed that night, and test results concerning Rex's rates of alcohol absorption and elimination, the toxicologist produced a report indicating that Rex's blood alcohol level was less than the legal limit while driving. This meant one of two things. Either Rex was mistaken about the amount of alcohol consumed, or the breath machines were mistaken. If I could raise a doubt on this issue, Rex would be acquitted. Months before trial, I approached the Crown with the expert's report and to point out that we had a viable delay argument, the trial being over 14 months after the offence date. I was looking for middle ground.

Results:  The Crown was more concerned about the delay (which was patent) than the expert's report (which was based on Rex's memory). The Crown accepted the bird in the hand rather than risk Rex walking away scot-free. They agreed to accept a guilty plea to careless driving under the Highway Traffic Act. As you can read in the transcript below, the matter was pulled forward to an earlier date. After almost one full year, it was finally over. Rex received only a $1000 fine.

READ THE COURT TRANSCRIPT
READ REX'S TESTIMONIAL