Tag Archive for: Charged with Driving under the influence

recent success donna pledge charged with driving under the influence

Recent Success – Charged with Impaired Driving (March 2019)

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My client was charged with Over 80 mgs of Alcohol in 100 mls of Blood and Impaired Driving Care or control. After a trial both charges were dismissed.

The Scenario

My client was located by the police in an individual’s home after the individual had found her sitting in her vehicle outside of his residence. This individual woke up one morning to my client’s vehicle parked outside of his residence and became concerned because my client – who was sitting in the driver seat – appeared to be asleep or passed out. Other passerbys also noticed my client asleep or passed out in her vehicle and stopped to see if she was ok. Then, the owner of the residence my client was parked in front of, came outside and asked her to come into his house.

In the interim, my client had phoned her mother and a work colleague indicating where she was located and told them that she could not drive. Both her work colleague and my client’s mother attended the residence to find my client passed out on the couch. They became concerned because they had difficulty waking her and called EMS. Upon EMS arriving the police also arrived and after speaking with the owner of the residence, my client was arrested for Impaired Driving and Driving with Over 80 mgs of alcohol in 100 mls of blood care or control.

Our Process

My client initially retained other counsel. My client attended my office to seek a second opinion because her then counsel wanted her to plead guilty. It was her then counsel’s opinion that she would not win at trial and in order to seek a more lenient sentence she would have to plead guilty. After speaking with my client it was my opinion that in fact at the point in time when the offence is alleged to have been committed, my client was not in care or control of her motor vehicle and had in fact put into place a plan to ensure that she would not drive. We proceeded to trial and after trial both charges were dismissed for the foregoing reason.

Get the Best Defence: DV Pledge

It is important sometime to seek a second opinion from a lawyer with respect to your case. As in my client’s case a second opinion proved to be not only invaluable but was the deciding factor between my client getting a criminal record and losing her driver’s license and not. I, Donna Pledge, provide second opinions on a regular basis.

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. 

driving under the influence of alcohol donna pledge criminal lawyer

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

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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)

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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)

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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. 

Charged with Impaired Driving Toronto

Recent Successes – Charged with Impaired Driving: R. v. J.B.L. (February 2018)

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Charged with Impaired Driving TorontoCharged with Impaired Driving and Driving with Over 80 mgs of Alcohol in 100 mgs of Blood

My client was charged with Impaired Driving and Driving with Over 80 mgs of Alcohol in 100 mgs of Blood. Both charges were dismissed after trial.

On the evening that my client was charged he had done everything right. He went to a friend’s uncle’s residence to get together with his nephew who was visiting from away. My client consumed a quantity of alcohol, to the extent that he did not want to drive home. As a result my client’s friend, the nephew, drove him home, and his uncle followed in another vehicle. The intention was that the uncle was going to follow to pick up the nephew after my client was dropped off with his vehicle.

An Unfortunate Misunderstanding

Unfortunately, on the way home the nephew ended up causing an accident. As circumstances had it my client exited his vehicle, from the passenger side first and approached the other driver and apologized. My client’s actions, including providing his Driver License, Insurance and Registration gave the impression to the other driver that in fact my client was driving, which he was not. However, as a result and ultimately against my client’s protestations that he was not driving, my client was arrested for the charges of Impaired Driving charged and Driving with Over 80 mgs of Alcohol in 100 mgs of Blood.

Our Process

When my client came to me the first thing we did was ensure we had the necessary witnesses, the nephew and uncle, for Trial. We had both of them provide written statements that they signed and we filed in my client’s file. Next, we checked for any video coverage from the neighbouring buildings. We were fortunate enough to obtain video coverage of the accident, however because of the distance we were unable to identify who exited from the driver’s side and passenger side of my client’s vehicle after the accident. Therefore, the video coverage was inconclusive as to whether or not my client was the driver.

Therefore, it was essential that I be able to raise  reasonable doubt by cross examining the witness/driver that my client’s nephew hit, in order to establish that he could have been mistaken as to who the driver of my client’s vehicle was. I was able to establish through cross examination of the other driver that in fact circumstances could have caused him to mistakenly identify my client as the driver.

Get the Best Defence: DV Pledge

As such, although it is very important to do everything you can including gathering witnesses and evidence to support your case, it is most important that you hire experienced defence counsel to represent you. Donna Pledge, Barrister and Solicitor, is an experienced criminal defence counsel that could ultimately make the difference between winning and loosing your 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.

Criminal Lawyer Toronto DV Pledge Recent Successes

W.Y.W.- Charged with Driving Under the Influence.

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W.Y.W.- My client was charged with Driving with Over 80mgs of alcohol in 100mls of blood. On the day of trial the crown requested an adjournment on the basis that one of their police witnesses was not available. The adjournment application was opposed. The Judge denied the adjournment and as a result the crown withdrew the charge.

If you’ve been charged with impaired driving please reach out for your free consultation here.