DUI/Criminal Impaired Driving
Recent Successes
| CASE NAME: | R. v. W.D. |
| CHARGE(S): | Refuse Breath Demand; Impaired Driving |
| LOCATION: | Surrey, British Columbia |
| RESULT: | Client found NOT GUILTY after trial. Trial judge held that evidence of investigating police officer was unreliable and inconsistent. |
| CASE NAME: | R. v. S.P. |
| CHARGE(S): | Impaired Driving; Over 80 |
| LOCATION: | Merritt, British Columbia |
| RESULT: | Charges reduced to Motor Vehicle Act charge after issues raised regarding police destruction of evidence and lack of evidence on Impaired Driving charge. Client does not lose license and does not get a criminal record. |
| CASE NAME: | R. v. G.S. |
| CHARGE(S): | Impaired Driving; Over 80 |
| LOCATION: | Salt Spring Island, British Columbia |
| RESULT: | Criminal charges withdrawn after challenge to police evidence. No criminal record and no driving prohibition. |
| CASE NAME: | R. v. K.A. |
| CHARGE(S): | Impaired Driving; Over 80 |
| LOCATION: | Surrey, British Columbia |
| RESULT: | Charges withdrawn after challenge to police evidence resulting in NO CRIMINAL RECORD. |
| CASE NAME: | R. v. W.H. |
| CHARGE(S): | Impaired Driving; Over 80 |
| LOCATION: | Surrey, British Columbia |
| RESULT: | Crown prosecutor agreed to reduce criminal charges to a traffic ticket offence after legal argument presented resulting in NO CRIMINAL RECORD and NO LOSS OF LICENSE. |
| CASE NAME: | R. v. P.D. |
| CHARGE(S): | Impaired Driving; Over 80 |
| LOCATION: | Vancouver, British Columbia |
| RESULT: | Crown prosecutor’s application for adjournment of trial vigorously challenged and denied by Judge. Charges dropped due to lack of available evidence at trial. |
| CASE NAME: | R. v. J.K. |
| CHARGE(S): | Impaired Driving; Refuse to Provide a Breath Sample |
| LOCATION: | Surrey, British Columbia |
| RESULT: | Client involved in a collision. Charges reduced to a traffic ticket offence after issues raised regarding client’s attempts at providing a breath sample and the reason the collision occurred. NO CRIMINAL RECORD and NO LOSS OF LICENSE. |
| CASE NAME: | R. v. R.M. |
| CHARGE(S): | Impaired Driving; Over 80 |
| LOCATION: | New Westminster, British Columbia |
| RESULT: | Charges withdrawn after challenge to police evidence and expert opinion obtained showing that BAC would have been below .08 at the time of driving. |
| CASE NAME: | R. v. H.G. |
| CHARGE(S): | Impaired Driving; Over 80 |
| LOCATION: | Vancouver, British Columbia |
| RESULT: | Client found NOT GUILTY of all charges following trial. NO CRIMINAL RECORD. |
| CASE NAME: | R. v. M.S. |
| CHARGE(S): | Impaired Driving; Over 80 |
| LOCATION: | Surrey, British Columbia |
| RESULT: | Charges reduced to a traffic ticket after issues raised regarding the manner in which the evidence against the client was obtained. NO CRIMINAL RECORD. |
| CASE NAME: | R. v. S.S. |
| CHARGE(S): | Impaired Driving; Dangerous Driving |
| LOCATION: | Surrey, British Columbia |
| RESULT: | Crown prosecutor dropped all charges mid-trial following counsel’s vigorous cross-examination of the investigating officers. NO CRIMINAL RECORD. |
| CASE NAME: | R. v. J.F. |
| CHARGE(S): | Impaired Driving; Refuse Breath Sample |
| LOCATION: | Port Coquitlam, British Columbia |
| RESULT: | Client involved in head on collision with truck. Challenge to police evidence results in criminal charges being withdrawn and client receiving NO CRIMINAL RECORD. |
| CASE NAME: | R. v. E.L. |
| CHARGE(S): | Impaired Driving; Over 80 |
| LOCATION: | Port Coquitlam, British Columbia |
| RESULT: | Charges dismissed after trial following aggressive cross-examination of police witness and issue arises regarding technical problems with court documents. |
| CASE NAME: | R. v. S.G. |
| CHARGE(S): | Impaired Driving; Over 80 |
| LOCATION: | Abbotsford, B.C. |
| RESULT: | Criminal charges withdrawn in case involving blood sample after challenge to police evidence and manner in which the sample was obtained from the hospital. |
| CASE NAME: | R. v. Y. |
| CHARGE(S): | Impaired Driving; Over 80 |
| LOCATION: | Penticton, B.C. |
| RESULT: | Crown prosecutor agrees to reduce criminal charges to a traffic ticket offence after legal argument presented resulting in NO CRIMINAL RECORD and NO LOSS OF LICENSE. |
| CASE NAME: | R. v. B.F. |
| CHARGE(S): | Impaired Driving; Over 80 |
| LOCATION: | Chilliwack, British Columbia |
| RESULT: | Crown prosecutor agreed to reduce criminal charges to a traffic ticket after legal arguments presented resulting in NO CRIMINAL RECORD and NO DRIVING PROHIBITION. |
| CASE NAME: | R. v. T.B. |
| CHARGE(S): | Impaired Driving; Over 80 |
| LOCATION: | Richmond, British Columbia |
| RESULT: | Charges withdrawn after challenge to police evidence resulting in NO CRIMINAL RECORD. |
| CASE NAME: | R. v. S.S. |
| CHARGE(S): | Impaired Driving; Dangerous Driving |
| LOCATION: | Surrey, British Columbia |
| RESULT: | Crown prosecutor dropped all charges mid-trial following counsel’s vigorous cross-examination of the investigating officers. NO CRIMINAL RECORD. |
| CASE NAME: | R. v. I.E. |
| CHARGE(S): | Impaired Driving; Over 80 |
| LOCATION: | Surrey, British Columbia |
| RESULT: | Charges reduced to a traffic ticket in response to counsel’s arguments to Crown prosecutor. NO CRIMINAL RECORD. |
| CASE NAME: | R. v. B.F. |
| CHARGE(S): | 90 Day ADP – Over 80 |
| LOCATION: | Chilliwack, British Columbia |
| RESULT: | ADP overturned. Although client was found in the driver’s seat of his running vehicle, counsel successfully argued he was not in care or control of his vehicle at the time the officers arrived on scene. |
| CASE NAME: | R. v. W.G. |
| CHARGE(S): | 90 Day ADP – Over 80 |
| LOCATION: | Delta, British Columbia |
| RESULT: | 90-day ADP overturned. Officer checked the box on the Report to Superintendent to indicate that a Certificate of Analysis for the breath tests was attached. However, no Certificate was attached and the officer failed to provide an explanation for its absence. |
| CASE NAME: | R. v. D.S. |
| CHARGE(S): | 90 Day ADP – Over 80 |
| LOCATION: | Surrey, British Columbia |
| RESULT: | ADP overturned because the officer failed to submit a properly sworn Report to Superintendent. The officer who authored the Report was not the officer who signed the report. Additionally, the evidence indicated the officer who signed the report did not swear its contents to be true in the presence of a Commissioner for Taking Affidavits in the Province of British Columbia. |
| CASE NAME: | R. v. R.M. |
| CHARGE(S): | 90 Day ADP – Refusal |
| LOCATION: | Surrey, British Columbia |
| RESULT: | ADP overturned because the evidence submitted by officer failed to prove he read client a lawful demand for a sample of breath. |
| CASE NAME: | R. v. R.G. |
| CHARGE(S): | 90 Day ADP – Over 80 |
| LOCATION: | Surrey, British Columbia |
| RESULT: | ADP overturned. Counsel successfully argued the evidence before the adjudicator failed to establish client had a blood alcohol concentration over 80 mg% within 3 hours of the time of driving. |
| CASE NAME: | R. v. Y.R. |
| CHARGE(S): | 90 Day ADP – Over 80 |
| LOCATION: | North Vancouver, British Columbia |
| RESULT: | 90-day ADP overturned because officer failed to submit a properly sworn Report to Superintendent. Officer initially submitted a Report that was missing the signature of a Commissioner for Taking Affidavits in the Province of British Columbia. Later, the officer submitted a copy of the same Report with the signature of a Commissioner added. Counsel successfully argued the evidence showed the Report was never properly sworn by the officer in the presence of the Commissioner. |
