Tag Archive for: Drunk Driving Lawyer

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 Therefore the Over 80 charge was withdrawn.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. 

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.