Posts Tagged 'drinking and driving'

Tushar – the life saver.

I was charged with an over 80 after attending a friend’s birthday party. My case was particularly difficult as I had blown almost twice the legal limit.

I interviewed 6-7 lawyers. I felt helpless as the first question every lawyer would ask me was how much of a retainer I’d be able to pay them. Tushar was the first lawyer to sit down and discuss my case and explain the fee structure later.

I retained Tushar and he ...

In most ‘over 80′ cases, the Crown relies upon something called the ‘presumption back’ or the ‘presumption of identity’ to gain a conviction.

What typically happens in an ‘over 80′ case? The accused person is pulled over while driving, taken to the police station and breath tested some time well after the driving. What do those breath tests then reveal? What they reveal is the blood-alcohol concentration of the subject at the time the test was administered. Of course, what the ...

Case Name:

R. v. Wang

Between

Her Majesty the Queen, and

Carmen Wang

[2012] O.J. No. XXXX

Ontario Court of Justice

Toronto, Ontario

B.A. Brown J.

Oral judgment: September 21, 20XX.

(11 paras.)

Counsel:

M. Lerner, Esq., Counsel for the Crown.

T. Pain, Esq., Counsel for the Accused.

RULING

1 B.A. BROWN J. (orally):— The Court listened carefully to the evidence given by both the Investigating Officer, P.C. Exton and the Qualified Technician, P.C. Poynter.

2 With respect to the evidence in this case, the Crown has indicated that at the end of the trial, it ...

Now that the holiday season is upon us, there is lots of holiday celebrating going on and that usually means a little (or a lot) more drinking. But with the holiday season comes the annual RIDE (which stands for Reduce Impaired Driving Everywhere) program. As everyone knows by now (or ought to know by now), the RIDE program is a random roadside spot check program set up by the police to check drivers for sobriety.

Most people either don’t think about ...

Hi Tushar, I cannot even begin to imagine how much I (and my wife) are indebted to you. As you know, the last few months before the trial had been a harrowing time for me and my wife. I was stressed all along as to what the outcome of the trial would be. I also knew, all along that I am in good hands. You handled my case so efficiently and professionally and supported me in so many ways that ...

It goes without saying that a criminal lawyer should review all the disclosure or evidence in a case against his or her client.  This especially applies to videotaped evidence.  Often times, for instance, there will be videotaped evidence in a drinking and driving case.  Typically, this is created when the police arrest the accused person and take him back to the police station.  At the station, the cameras are rolling and the defence is entitled to a copy of what ...

Is it a good idea for a client to agree to enter into a peace bond in exchange for the withdrawal of a domestic assault charge?  Maybe.  Click here to learn more.

Many of the arguments made in the defence of an over 80 charge involve scrutinizing the actions of the police.  Criminal defence lawyers will often argue that the police did not act with legal authority.  Often times, such arguments are made by criminal defence lawyers based on the untimeliness of police actions.  In other words, the police unnecessarily delayed taking the steps they were required to do so in a more timely fashion.  The police have now started to respond ...

In some circumstances, when an accused person is facing a charge of impaired driving or over 80, it is possible to negotiate with the Crown for a plea to the lesser charge of ‘careless driving’.  This is typically so in circumstances where the blood alcohol of the person charged is alleged to have been only slightly over the legal limit.  However, now with the implementation of the Ignition Interlock Program in Ontario, this type of deal is coming to an ...