driving under the influence of alcohol donna pledge criminal lawyer

Recent Success – Charged for Driving Under the Influence of Alcohol (April 2019)

/in , , , /by

The Scenario

My client was charged with driving with over 80 mg of alcohol in 100 ml of blood. He was arrested prior to the new drinking and driving laws – which came into effect in December 2018. At trial, as a result of my argument that the new laws applied even though they were not in effect when the client was charged, his charge was dismissed.

My client was stopped by the police for speeding and as a result, the Police Officer suspected that he had consumed alcohol and had him provide a breath sample. He failed the road side breath test, and as a result was arrested and brought to the station to provide a breath sample into an approved breath instrument. He provided the breath samples into the approved breath instrument.

However, the first sample he provided was in excess of two hours after he was stopped by the police. Therefore, the crown had to retain an expert toxicologist to read back his readings to the time the Police Officer had stopped him.

Our Process

The trial was scheduled subsequent to the new drinking and driving laws that came into effect in December 2018. The crown called the arresting officer and a civilian witness to testify. The crown also relied upon the opinion of an expert toxicologist. I argued that the new laws applied to this case, which would mean that the crown would have to establish certain facts about the intoxilyzer used in this case. The crown argued that the new laws were not retrospective and that the old law applied. The judge found that the new laws applied and as a result, the crown failed to prove all the necessary facts in relation to the intoxilyzer used. Therefore, the charge was dismissed.

Get the Best Defence: DV Pledge 

It is important to hire a lawyer who is familiar with the laws pertaining to the charge for which you were arrested. I, Donna Pledge, am one such lawyer that will always be best prepared for any case and to give my clients the best chance of winning.

Call 416-630-8702 or click here to email. 

Donna V. Pledge, Barrister & Solicitor 

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. She has been successfully defending clients since 1992. She has earned the reputation of a tough and no-nonsense lawyer who can get her clients out of any criminal case with either a full acquittal or a very light sentence. Donna Pledge represents her clients in courts all over Ontario. 

charged for dui donna pledge criminal lawyer

Recent Success – Charged for Impaired Driving and Refusal to Provide a Breath Sample (December 2018)

/in , , , /by

The Scenario

My client was arrested for impaired driving and refusal to provide a breath sample. The matter proceeded to trial, and both charges were ultimately dismissed. The charge of refusal to provide a breath sample was dismissed at the request of the Crown because I brought a section 7 charter application which argued that as a result of abuse by the police officer, the charges should be dismissed. The impaired driving charge was dismissed after trial because there was not sufficient evidence to establish beyond a reasonable doubt that my client’s driving was impaired by alcohol.

My client and two friends of his went out to a few bars on the night in question. My client had only consumed a few beers because he was the designated driver. On the way home they decided to attend the local McDonald’s drive-through for some food. One of the employees at McDonalds, believing that my client had been drinking, called the police. Two police vehicles arrived, and my client was asked to exit his vehicle and was arrested for impaired driving. As my client was being escorted to the police vehicle, he questioned why he was being arrested and in so doing one of the police officers became upset. Then, the police officer intentionally or unintentionally hit my client’s head on the side of the police vehicle and as a result – my client blacked out.

My client’s next recollection is when he arrives at his friend’s place the next morning. We come to learn, through disclosure, that in the interim my client refused to provide a breath sample at the police station and was charged with refusing to provide a breath sample.

Our Process

At trial I argued that as a result of the abuse inflicted by the police officer, my client did not have the intention to refuse to provide a breath sample. I also argued that the actions of the police officer in hitting my client’s head against the police vehicle was an abuse of process and as such, both charges should be dismissed. At trial, with respect to the charge of failure to provide a breath sample, the crown decided to invite the Judge to dismiss that charge.

After trial – on the impaired driving charge – I argued that there was not sufficient evidence to establish that my client’s ability to drive was impaired by the consumption of alcohol on that evening and the Judge agreed and subsequently dismissed that charge.

Get the Best Defence: DV Pledge 

It is important when looking for a criminal defence lawyer that you find one that is not afraid to bring arguments that suggest that the police acted inappropriately in the process of arrest or in processing you. Some criminal defence lawyers are fearful of bringing such arguments to the table.

I, Donna Pledge, wholeheartedly believe in providing full answers and defence to all my clients. And if that requires accusing the police of any form of wrongdoing, then that’s what I will do. I am here to ensure my clients’ rights are protected.

Call 416-630-8702 or click here to email. 

Donna V. Pledge, Barrister & Solicitor 

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. She has been successfully defending clients since 1992. She has earned the reputation of a tough and no-nonsense lawyer who can get her clients out of any criminal case with either a full acquittal or a very light sentence. Donna Pledge represents her clients in courts all over Ontario. 

Recent Success Possession of Marijuana - Donna V Pledge Criminal Lawyer - York Region

Recent Success – Charged with Possession of Marijuana (January 2019)

/in , , /by

My client was charged with Possession for the Purposes of Trafficking Marijuana, involving over 70 pounds of marijuana. The charge was withdrawn as a result of filing several Charter applications to establish that the search warrant executed on my client’s residence and vehicle was unlawful.  

The Scenario 

My client was charged as a result of a police investigation where there was surveillance of my client and two other individuals over a period of a few months. During that surveillance, my client was alleged to have been seen travelling from one address to another and removing bags alleged to contain marijuana. The police obtained a search warrant which was executed on my client’s residence and on his vehicle. As the result of the search, several bags were found in the trunk of my client’s vehicle containing over 70 pounds of marijuana.  

Our Process 

I brought an application to declare the search warrant unlawful and request an order excluding all the marijuana found as a result of that search warrant. During the cross examination of the affiant of the search warrant, it became apparent that there were several inconsistencies, misstatements, and inaccurate facts, in the information contained in the search warrant. The exposure of all these problems contained in the search warrant reflected on all the police witnesses and their evidence. As a result, the crown for the prosecution determined that there was no reasonable prospect of conviction and withdrew the charge.  

Get the Best Defence: DV Pledge 

When reviewing any case one must be cognizant of the fact that although on paper, the crown’s case may appear to be very strong, in practice it is very possible to have it dismissed or withdrawn. Even the strongest cases – when tested through cross examination of the witnesses (including police witnesses), expose significant problems with the crown’s case and as a result it may be dismissed or withdrawn. When choosing a lawyer, it is important to choose one that is willing and able to review the case in more depth than just reading the disclosure provided – as this may be the difference between winning the case and losing.  

Donna Pledge is one such lawyer that can win a losing case.  

Call 416-630-8702 or click here to email. 

Donna V. Pledge, Barrister & Solicitor 

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. She has been successfully defending clients since 1992. She has earned the reputation of a tough and no-nonsense lawyer who can get her clients out of any criminal case with either a full acquittal or a very light sentence. Donna Pledge represents her clients in courts all over Ontario. 

Impaired Driving Offence - Donna V Pledge Criminal Lawyer - York Region

Success: Impaired Care or Control, Possession of Cocaine and Possession of MDMA

/in /by

R. v. C.P.F.

Offences: Impaired Care or Control, Possession of Cocaine and Possession of MDMA

My client was arrested in June 2017 for: Impaired Care or Control, Possession of Cocaine and Possession of MDMA. After numerous meetings between the officer in charge, the assigned Crown, and myself, all charges were withdrawn.

THE CASE:

In June of 2017 my client was found unconscious, seated in the driver’s seat of a vehicle parked in a Tim Horton’s parking lot with another passenger. EMS, as well as the attending emergency doctor, had to administer a drug known as “Narcan” to my client; on two separate occasions, to revive him. My client’s lips were blue and his pulse was very weak. There were drugs, including cocaine, MDMA and Fentanyl, located in the vehicle in a purse; which contained personal effects belonging to the passenger. Unopened alcohol was also found in the rear seat of the vehicle. The keys to the vehicle were located in the ignition.

CARE OR CONTROL

Our law specifies that if a person is in Care or Control of a motor vehicle, regardless of whether or not the vehicle is being driven, and is impaired by alcohol or drugs, or has over 80 mg of alcohol in 100 mls of blood, then they are guilty of: Impaired Care or Control of a motor vehicle.

REBUTTING CARE OR CONTROL

If you are charged with Impaired or Over 80 Care or Control while occupying the driver’s seat of a motor vehicle there is a presumption that you are in Care or Control of that motor vehicle. At this point, it is up to the individual to rebut that presumption. They need to establish one: that they did not have any intention to put the motor vehicle into motion and two: that the circumstances would not now, or in the future, present a danger.

MY CASE

My client had initially retained other counsel. They advised my client to plead guilty and get a fine of $2500 and three years driver’s license suspension.

I reviewed the case, hired an expert to give an informed opinion as to whether or not, given the circumstances, my client would have been in a position to create a danger with the motor vehicle. While in the process of doing this, I met with the assigned Crown and the officer in charge of the case. I convinced them that there was no reasonable prospect of conviction. As such, the charges were withdrawn. Once again, it matters who you hire as your lawyer. In order to get the best results, Donna Pledge, is the lawyer to hire.

Call 416-630-8702 or click here to email

Donna V. Pledge, Barrister & Solicitor

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. She has been successfully defending clients since 1992. She has earned the reputation of a tough and no-nonsense lawyer who can get her clients out of any criminal case with either a full acquittal or a very light sentence. Donna Pledge represents her clients in courts all over Ontario.

 

What is Sexual Assault? - Charged with sexual assault - criminal lawyer toronto donna v. pledge criminal lawyer

Recent Success: R v. M.O. Charged with Sexual Assault

/in /by

My client was charged with Sexual Assault. The allegations were that he touched the complainant’s breasts when she was in a state of intoxication. The matter was withdrawn as a result of several meetings with a Judge and the Crown; wherein I was able to convince them that, as a result of the complainant’s intoxication they did not have a reasonable prospect of conviction.

What is Sexual Assault?

The definition of Sexual Assault is an assault that is sexual in nature. It is an act in which a person sexually touches another person without their consent.

S.271 everyone who commits a Sexual assault is guilty of:

(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to minimum punishment of imprisonment for a term of one year; or

(b) an offence punishment on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

Consequences of Being Found Guilty of Sexual Assault:

If you are found guilty of Sexual Assault, depending on the circumstances, the consequences are very serious and may include a Criminal Record, Probation, Jail and/or a SOIRA order.

What is a SOIRA Order?

SOIRA is the Sex Offender Information Registration Act. If upon conviction there is a SOIRA Order, you will be required to report to a registration centre and must provide your:

  • given name and surname, and any aliases
  • date of birth and gender
  • address of your main residence and secondary residences, if any
  • the place where you are employed or volunteer
  • the name of your employer and/or the person who is in charge of your volunteer work
  • address of the educational institution in which you are enrolled
  • telephone number where you can be reached
  • your height and weight
  • license plate number
  • driver’s license number
  • passport number
  • and more

Furthermore, for the length of the order you must report any change with respect to the foregoing.

As one can see the SOIRA order is a very onerous order. It may be one of the most serious consequences of being found guilty of Sexual Assault.

Defending Sexual Assault Charges:

In properly and effectively defending sexual assault charges, the most important aspect is hiring an experienced Criminal defense Lawyer. Donna V. Pledge is a very experienced criminal defense Lawyer, who has almost 3 decades of experience in representing individuals who are charged with sexual assault charges.

Subsequently your lawyer will review all the evidence in your case, and ascertain whether there would be an opportunity to convince the Crown, given any frailties of the case, to withdraw. If not, then your lawyer will review the case with you to defend it at trial and argue for a finding of not guilty. The experienced criminal defense lawyer will be able to navigate the criminal justice system and ensure that you are successfully represented.

Call 416-630-8702 or click here to email

Donna V. Pledge, Barrister & Solicitor

Donna V Pledge, is a highly experienced criminal lawyer in Toronto. She has over twenty-five years of experience in the area of criminal offences. She has been successfully defending clients since 1992 and has earned a reputation of a tough and no-nonsense lawyer. One who can get her clients out of any criminal case with either a full acquittal or a very light sentence. Donna Pledge represents her clients in courts all over Ontario.