Tag Archive for: Charged with DUI

charged with possesion and trafficking donna pledge criminal lawyer toronto

Recent Success – Charged with Trafficking and Possession of Methamphetamines (May 2019)

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My client was charged with Trafficking in Methamphetamines and Possession for the purposes of Trafficking in Methamphetamines. Both charges were discharged.

The Scenario

My client was charged with Trafficking in Methamphetamine and Possession for the purposes of Trafficking in Methamphetamine as a result of surveillance by the police over a period of approximately one month. It was alleged that my client trafficked 82 grams of Methamphetamine, and as a result was arrested along with another individual. Subsequently, the police obtained two search warrants to search two residences, associated with my client.

During the search of one of the residences, several items with my clients name on it were found. Located in the other residence was 81 grams of Methamphetamine in a woman’s size 8 Michael Kors boot. The Crown further tried to establish that because my client and another individual picked up a third individual, who later was found to have 82 grams of Methamphetamine in his possession, and drove around the block and then dropped him back off, that they sold him the drug. As a result, the police arrested my client along with another individual for the charges as described above.

Our Process

At the Preliminary Inquiry, the police were called and provided evidence with respect to the surveillance they had conducted on my client and the items recovered as a result of the search warrants. On that basis, the crown argued that there was enough evidence to proceed to trial. I argued that the evidence was not sufficient to get over the threshold of the Preliminary Inquiry and the court agreed and the charges were discharged.

Get the Best Defence: DV Pledge 

It is important to have a lawyer representing you – who at every opportunity will argue to have the charges thrown out. One need not wait for trial. I, Donna Pledge, am one such lawyer.

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 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. 

Driving Under the Influence of Marijuana

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What is known as driving under the influence is referred to as either impaired driving or blowing over 80. According to Canadian law, a driving under the influence offence can occur in one of two ways. One way is for a person’s blood alcohol concentration, the amount of alcohol in one’s body being at or over 0.08 percent. The other way is impaired driving which does not depend on the amount of alcohol in a person’s system. This is how someone can be charged with driving under the influence of marijuana.

Difference between DUI involving Alcohol and DUI Marijuana

Canada treats both types of DUI the same. However, they are different in the way police investigate DUIs involving drunk driving. The police can use the breath test to determine the amount of alcohol in a person’s system. However, a breath test cannot determine marijuana consumption.  As such, the police have to conduct a DUI marijuana suspicion differently.  

Police Look for Signs of Driving under the Influence of Marijuana

After a traffic stop, police look for signs of impairment that signal that a person was driving under the influence of marijuana. These signs include:

  • Driving too slowly
  • Driving erratically
  • Slurred speech
  • Blood shot eyes
  • Glassy eyes
  • Impaired cognitive function
  • Impaired motor skills
  • The smell of marijuana in your vehicle

In addition to looking for the above marijuana impairment signs, the Criminal Code of Canada addresses how police can investigate possible marijuana DUIs. Section 254(2) (a) gives police permission to demand that a driver suspected of marijuana impairment complete a Standardized Field Sobriety Test, or SFST.  The test includes a physical conditioning test, which allows an officer to look for the signs of impairment.

Care or Control

According to the Criminal Code of Canada, a person can be charged with driving under the influence of marijuana even though their vehicle is not in motion. To be in care and control of the vehicle means that an individual was sitting in the driver’s seat at the time the police noticed him or her. For instance, you may have been stopped on a street and stopped by police. You could be arrested for driving under the influence of marijuana. It is presumed that you intended to drive.

Possible Defences to Driving under the Influence of Marijuana

Defending a marijuana DUI offence requires a different approach than an offence involving alcohol. First, a lawyer must determine why the police stopped your vehicle. Once this is established, the next step is to build a defence around how the marijuana was detected in your body. Typically the police will use a urine or blood sample to find out the THC concentration in your system. There are always flaws in the way the police determine the amount of marijuana in your system, so this is one possible avenue for your lawyer to explore.

If you or a loved one was charged with the offence of driving under the influence of marijuana, you have legal options. To understand all the available defences you can use, talk to a criminal lawyer in Ontarioabout your marijuana DUI.

Criminal Lawyer Toronto DV Pledge Recent Successes

R v T.P – Charged with DUI Impaired Driving

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My client was charged with (DUI Impaired Driving and Driving with Over 80mgs of alcohol in 100mls of blood. On the day of trial only one of two officers attended and the crown requested an adjournment. I did not agree and the Judge refused to grant the adjournment which resulted in both charges being dismissed and my client was found not guilty of both charges.

Criminal Lawyer Toronto DV Pledge Recent Successes

S.A.- Charged with Driving Under the Influence

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S.A.- Client was charged with Driving with Over 80mgs of alcohol in 100mls of blood. An unreasonable search and seizure application was filed on the basis that the demand that the officer read the client was unlawful, and as a result the crown withdrew the charge in advance of the trial.

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

Criminal Lawyer Toronto DV Pledge Recent Successes

R v Y.Y.K. – Charged with Impaired Driving

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My client was charged with(DUI)  Impaired Driving and Driving with Over 80mgs of alcohol in 100mls of blood. The matter proceeded to trial, whereupon I argued that there were insufficient indicia of impairment to prove the Impaired Driving and further argued that the Crown would be unable to prove the Certificate in relation to the Over 80. As a result both charges were dismissed and my client was found not guilty of both charges.

Criminal Lawyer Toronto DV Pledge Recent Successes

M.D.- Charged with Driving Under the Influence

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M.D.- Client was charged with Driving with Over 80mgs of alcohol in 100mls of blood. The matter went to trial. Successfully argued that the Officer read the right to counsel warning incorrectly and as such the Judge found that the client’s charter right to counsel was breached and the charge was dismissed.

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

Criminal Lawyer Toronto DV Pledge Recent Successes

S.A.- Charged with Driving Under the Influence.

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S.A.- Client was charged with Driving with Over 80mgs of alcohol in 100mls of blood. An unreasonable search and seizure application was filed on the basis that the demand that the officer read the client was unlawful, and as a result the crown withdrew the charge in advance of the trial.

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