On April 21st, OPP responded to a call regarding a traffic hazard on Highway 417 eastbound between Hunt Club and Walkey Roads. A red Toyota was observed stopped stopped with the hazard lights activated, with one person inside in the driver’s seat. After some fumbling and multiple requests, the driver, identified as Erik, was able to produce his driver’s licence, insurance, and registration. A smell of alcoholic beverage was noted coming from Erik, as well as bloodshot eyes, and vehicles keys were in the center consol. On suspicion of impaired driving, a breath demand was made. On exiting the vehicle, Erik’s walk was slow and wobbling. A first and second breath sample were unsuitable, but a third registered a fail. At the station, readings of 113 and 101 were registered. Erik was charged with Operation while impaired – Alcohol and drugs, and Operation while impaired – Blood alcohol concentration.
Result: At the time of initial intake, this client had an arguable defence based upon the non-operability of the vehicle in question. Client set trial dates. We subpoenad the expert mechanic who would say that the vehicle was inoperable. We attended on the trial date at which time the Crown provided a new binding case (decided a week before) that eliminated the defence. Based upon this new information, client pleaded guilty and minimized the damage. Overall, a disappointing result for all concerned but this is always a risk in litigation.
If you have been charged with an offence and would like to speak to a lawyer about your rights, the Armoured Suits offer a free 30-minute phone consultation to answer all your questions. Contact us by phone at 613-233-0008 or e-mail at yourteam@armouredsuits.ca to schedule your meeting.
