Tag Archive for: Donna V Pledge

Recent Success – Charged with Impaired Driving Over 80

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My client was charged with Impaired Driving and Over 80. After a trial both charges were dismissed.

Allegations

The allegations were that my client was driving home and a citizen called about a possible impaired driver with the license plate number of my client’s vehicle. They were unable to locate the vehicle. They therefore attended at his residence, which was the listed address registered to the vehicle.

The police noticed a vehicle turned into my client’s driveway and immediately pulled behind the vehicle in order to ensure it would not leave. The police attended at the driver side of the vehicle and asked my client to exit and noted the following signs of impairment; fumbling with his wallet for his driver’s license, dropping his driver’s license, attempting to retrieve his driver’s license then missing it, and falling to the ground.

The police then arrested my client for impaired driving. They brought him to the station where he provided two breath samples. Both of which resulted in readings over the legal limit of over 80 mg of alcohol in 100 ml of blood.

Trial Proceedings

At trial I argued that the certificate of analysis for the Over 80 charge was not served on time. Therefore the Over 80 charge was withdrawn.

We proceeded to trial on the impaired driving charge; the in-car video and the booking video were played.

Results

The result was that I argued that the indications of impairment seen on both videos were also commensurate with explanations that were not indicative of impairment.

Get the Best Defence: DV Pledge 

Donna Pledge is a criminal defence lawyer who always does the very best for her clients. If you are charged with any criminal offence, Donna Pledge will go above and beyond for you.

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. 

Refusing to Provide a Breath Sample - Donna V Pledge Toronto Criminal Lawyer

Refusing to Provide a Breath Sample into an Approved Screening Device

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RV T.H.H (May 2018)

The Issue

My client was charged with: Refusing to Provide a Breath Sample into an approved Screening Device. I successfully obtained a finding of not guilty after effectively cross-examining the only Crown witness, the arresting officer. I brought to light that the officer failed to fully explain how to provide a sample. And he failed to check the mouthpiece for any obstructions. As a result, the Judge found that my client was not guilty.

The Offence

Failing or refusing to provide a breath sample into an approved screening device pursuant to S.254(2) (b) of the Criminal Code of Canada, is an offence, whether you verbally refuse to provide a sample, or you fail to provide one by ineffectively blowing into the mouthpiece without a lawful excuse. Upon conviction, a person would face a criminal record. And upon a first conviction, with no extraordinary circumstances such as accident, personal injuries etc …, usually a fine and a period of driving prohibition occur.

Further to the foregoing consequences, a person in Ontario also faces, having to complete the On Track Program and the installation of an interlock device on their vehicle (a device where the driver must provide a sample of their alcohol-free breath at random times, for the vehicle to remain operative). A person’s vehicle insurance will also increase, sometimes to the point of being prohibitive.

The Right Lawyer to Defend Your Case

In this case, my client had initially retained other counsel, who, based on the disclosure provided, advised my client to plea guilty. While in certain cases, it is impossible to give a probability of winning or losing, in some, as in this case, my client had nothing to lose by going to trial and everything to gain. The resolution before trial would have been the same if she lost after trial. There were no incentives to plead guilty. A good Trial lawyer is able to make the distinction between a case that should go to Trial, and one that should not. If you want a good trial lawyer call Donna Pledge. A criminal defense lawyer that has been practicing for over twenty-six years.

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.

Charged with Sexual Assault - Criminal Defence Lawyer Toronto Donna V. Pledge

R v K.S.- Charged with Sexual Assault and Exposing Himself for a Sexual Purpose to a 15 Year Old Girl

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Charged with Sexual Assault - Criminal Defence Lawyer Toronto Donna V. Pledge

Found Not Guilty

My client was charged with sexual assault and exposing himself for a sexual purpose to a 15-year-old girl and plead not guilty. The matter went to trial over a 4-day period. After hearing evidence from 3 witnesses for the crown and 2 witnesses for the defence, including my client, my client was found not guilty of both charges.

The Facts

My client was travelling to work one morning on the Subway. The subway car he was travelling on was very busy and it was standing room only. My client suffers from severe skin allergies that affect at times his whole body. On this day his allergies flared up in the area of his private parts. As a result, my client wore shorts and no underwear because his penis was swollen and inflamed. During the course of travelling on the subway car, my client was scratching his private parts over his clothes. A woman seated on the same subway car alleged that my client not only exposed his penis to a young school girl but also rubbed his erect penis on her skirt. As a result, upon exiting the subway car, my client was arrested.

The Trial

My client maintained his innocence throughout, and as a result the matter was scheduled for a trial. Ultimately there were 4 days of trial over a period of approximately 6 months. The matter from arrest to verdict took over 20 months. The stress and anxiety that my client experienced during this period was extreme. As well, his family, experienced tremendous amounts of stress and anxiety and financial pressures.

At trial the Judge found, as a result of my successful cross examination, among other facts, that the witness on the subway car, who alleged that my client not only exposed his penis but also rubbed his exposed erect penis on the young girl, was hyper-vigilant as a result of an incident that occurred years before when a naked man approached her. This may have led the witness to leap to a reasonable but inaccurate conclusion. Therefore, it may not have been unreasonable that the witness may have observed my client scratching his crotch and manipulating his shorts such that his penis was visible, but absent any sexual intent. Effective and excellent cross examination skills on my behalf led to my client being found not guilty.

Why Is It Important to Hire a Criminal Defence Lawyer?

Being charged with sexual assault and exposing oneself for a sexual purpose are very serious charges. Both of these charges carry a minimum jail sentence if the person is found guilty. Therefore, it is very important to hire a highly experienced criminal defence lawyer, in circumstances such as the foregoing example, to ensure a finding of not guilty.

If you have any questions about being charged with sexual assault and/or exposing oneself for a sexual purpose, please contact Donna Pledge today. She will ensure that you are represented to the fullest.

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 Should You Do When First Accused or Charged with Sexual Assault?

What Should You Do When First Accused or Charged with Sexual Assault?

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What Should You Do When First Accused or Charged with Sexual Assault?

What Should You Do First:

If you are either charged with sexual assault or accused of sexual assault, the first thing you should do is contact a criminal defence lawyer in Toronto or the GTA who has the necessary experience to ensure a successful outcome.

It is important to hire a criminal defense lawyer who is experienced with sexual assault charges as soon as you are aware that you are being charged or accused of sexual assault.

Why Is It Important to Immediately Hire a Criminal Defense Lawyer?

It is important to hire a criminal defense lawyer immediately if you are charged or accused of sexual assault because they will make sure are protected. The criminal defense lawyer will ensure that you are not charged at all if possible. If you are charged, that all your rights are protected. But most importantly that you are released immediately after you are charged.

The criminal defense lawyer will make sure the police do not ask you questions. That is very important because any answers or statements you give to the police will be used against you. The experienced criminal defense lawyer will ensure you do not spend any more time than necessary in the police station.

The Potential Negative Effects of Being Charged or Accused of Sexual Assault

There are several potential negative effects of being either charged or accused of sexual assault. Your employment may be affected, depending on the type and your position.

For example, if you are a massage therapist and you have been charged with sexual assault on one of your patients. You can expect that a condition of your bail will most likely be that you are not allowed to perform any massages in your capacity as a massage therapist until the outcome of your sexual assault charge has been dealt with in the court. Even if you are only accused of sexual assault in the above case and not charged, your employer may decide to suspend you until the sexual assault complaint is dealt with or even dismiss you all together.

Your marital or spousal relationship may be affected. Your reputation with your peers is likely to be affected. It is difficult enough dealing with the effects of the charge or accusation of sexual assault whether alone or with the support of family and friends. You don’t have to deal with the legal aspects of being charged or accused of sexual assault. Hire an experienced criminal defense lawyer to help you.

Sexual Assault and Sexual Harassment Complaints in the Media

We are seeing real life examples of how being accused of sexual assault or harassment can affect the life of the person. In the last few months there have been several sexual assault and sexual harassment complaints against politicians, MPs, television personalities and other individuals in the public eye. These complaints have resulted in these individuals stepping down from their positions and ultimately having a real negative impact on their lives. Other law makers including the Prime Minister have taken positions that perpetuate the effects of these complaints without any due process.

Our judicial system is built on the presumption of innocence. Any erosion of this principle will ultimately negatively impact our society as a whole not just the individuals being accused of these sexual assaults. It is imperative that we as a society remember that if an individual is accused of a criminal act, such as sexual assault, that we have a moral and legal obligation to investigate before coming to the determination of whether the complaint is true or not. Or in the context of a charge before determining if the person is guilty or not.

If you have questions about being charged or accused of sexual assault, please contact Donna Pledge today.  She will ensure that that our moral and legal obligations are upheld

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

Donna V. Pledge.

Donna V. Pledge is a highly experienced criminal lawyer in Toronto with over twenty years of experience in the area of criminal offence. 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 represents her clients in courts all over Ontario.

Criminal Lawyer Toronto DV Pledge Recent Successes

R. v. A.A.- Sexual Assault X 2, Gangrape and Administering a Stupifying Substance X 2

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My client was charged with 2 counts of Sexual Assault, Gangrape and 2 counts of Administering a Stupifying Substance. After the preliminary inquiry I was able to convince the Judge to discharge my client on one of the Sexual Assault counts and one of the Administering a Stupifying Substance counts because there was insufficient evidence to go to trial. Prior to the trial on the rest of the matters I made an application to have all of the charges stayed because it took too long to go to trial, an application to stay the charges pursuant to s. 11(b) of the Charter of Rights. On the first day of trial the complainant was late and an application to have the remaining charges withdrawn was granted.

Criminal Lawyer Toronto DV Pledge Recent Successes

A.B.- Charged With Assault.

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A.B.- Client was charged with Assault. The matter proceeded to trial, wherein the charge was dismissed after successful cross examination of the complainant.

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

What are the Differences between Dangerous Driving and Careless Driving?

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Careless driving is an offence under the Highway Traffic Act, which is a provincial statute and not a criminal offence. However, it can be punishable with a fine or a term of imprisonment or both.

Careless Driving

When a driver is not paying adequate attention to the road, road signs, and people near the road while driving, he or she can be said to be driving carelessly. A careless driver is selfish in that they are not reasonably concerned about consequences of his driving. He ignores traffic rules not because he wants to but because he is careless. Careless driving is one of the major causes of accidents and deaths on the highways.

If convicted, you are liable to:

  • A fine ranging from $400 to $2000
  • And/or imprisonment for a term up to 6 months
  • Your driver’s licence or permit may be suspended for up to 2 years

Dangerous Operation of a Motor Vehicle

When a competent and careful driver drives a motor vehicle at a high speed without consideration for his personal safety or in a way that endangers the safety of people, animals and properties, he can be said to be driving dangerously. He often ignores traffic rules willfully and shows complete disregard for other people’s lives and properties. Driving a vehicle knowing that it is in dangerous condition also falls in this category. Dangerous driving can be convicted under Canadian criminal law.

If found guilty, you may be liable to a term of up to 14 years imprisonment and/or a fine, probation, licence suspension and a criminal record. All of these punishments will depend on the circumstances of your particular scenario, and whether your dangerous driving caused bodily harm or death.

If you are charged with dangerous driving or careless driving, you should immediately call a criminal defense lawyer. Call Donna V. Pledge, a trusted Toronto criminal lawyer with over two decades of successfully representing clients charged with driving dangerously or carelessly.

What is Considered Assault Causing Bodily Harm?

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When a police officer in Canada has ‘reasonable grounds’ to believe that a person has committed an assault causing bodily harm, an arrest can be made. The police do not have not to gather evidence to prove the crime occurred beyond a reasonable doubt. That work will be done after the arrest in preparation for trial by the Crown attorney. So, what does the Crown have to prove for an assault causing bodily harm and what is the punishment for it?

Legal definition assault causing bodily harm

Section 266 of the Criminal Code of Canada and criminal case law determines that an assault has taken place when a person applies intentional force on another person, indirectly or directly.

Section 267 indicates that for an assault to rise to the level of bodily harm, one additional requirement must be met, the person committing the assault actually did cause bodily harm.

Proof of offence for assault causing bodily harm

For the Crown prosecutor to get a conviction, she or he must first prove at trial three essential elements to the case in addition to establishing the identity of both parties, the time and date of the incident and the jurisdiction:

1. The way the assault was committed (fist, weapon, open hand, and so forth) and the number of blows;

2. That the accused’s use of force was intentional, i.e. the accused did not accidentally, reflexively or carelessly cause harm;

3. The extent of the injuries to the complainant;

Punishment 

In Canada assault causing bodily harm can be charged as an indictable offence or an offence punishable on summary conviction. The type of charge will determine the possible punishment.

If the charge is an indictable offence and the person is found guilty, then the punishment is imprisonment not to exceed ten years. If the charge is punishable on summary conviction then the punishment is imprisonment not to exceed 18 months.

Legal Defence

The Criminal Code of Canada provides for the theory of self-defence or accident to a charge of assault causing bodily harm. So if you are charged with this crime, you should contact a criminal defence lawyer. There are legal statutes that define self-defence and your lawyer can assist you in arguing that the charges should be dropped, or in mounting your defence at trial.

Defending Your Robbery Charges

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According to the Criminal Code of Canada section 343, anyone who commits robbery is guilty and liable of an indictable offence. Robbery refers to stealing an item with use of violence. Violence such as snatch, physical abuse, or use of a firearm is the difference between robbery charges and theft or shoplifting offences.
Section 344 of the Criminal Code of Canada outlines the possible penalties associated with a robbery conviction. For example, a minimum of four years to a maximum of life imprisonment when there was a firearm used in the commission of the offence.

Other circumstances may lead to a range of sentences, including a sentence of life in prison.

Defending Against Robbery Charges

Robbery charges vary depending on the facts and circumstances of the case. For instance, your lawyer may choose to attack the intent element of a robbery charge. A client is required to have intent to rob the alleged victim. The following are other possible defences to robbery charges:

Identification

The Crown is required to prove that the accused actually was the one who committed the offence. The Crown may use eye witnesses and/ or video surveillance to establish the accused was at the scene of the crime. However, a lawyer will challenge the alleged evidence to prove that it could not, beyond a reasonable doubt, be the defendant.

The Detained Defense

Articulable cause is needed to stop the accused. In other words, the police must have reasonable suspicion that an individual committed a crime such as robbery to detain him or her. A mere hunch based on an officer’s intuition is not articulable cause. Thus, a lawyer may use this defense if their client was detained without cause and prior to the alleged stolen items being found.

Unreasonable Seizure or Search

Again, the police must have articulable cause to search the accused and/or his belongings. It is against Canadian law to allow police to look through a person’s belongings without having reason to believe, based on facts, that he or she committed robbery. If police do not have reasonable cause and search and/or take items, it is illegal. Any alleged evidence may not be introduced into trail if a Toronto criminal lawyer can prove that it was taken illegally.

Denied Right to Counsel

An accused has the right to a lawyer without delay when arrested for robbery. The individual must also be told of this right. Any time police do not explain this right to an accused, it is a violation of law.

Right to Make a Full Answer

The Charter allows a person accused of a crime such as robbery to obtain from the Crown information that would affect his or her defence. This includes surveillance video and witness statements.
A robbery offence is serious. If you or a loved one is charged with this offence, contact Toronto criminal lawyer Donna V. Pledge. You deserve the best defense possible, and Donna V. Pledge has a long track record in successfully defending clients accused of offences such as robbery. To schedule a free consultation, contact Donna’s Criminal Toronto office.