The Client was charged with three offences of impaired driving, over. 80, and fail to remain at the scene of an accident.
The charges were stayed by the trial judge and the client was cleared of these serious outstanding charges after our office brought and won an unreasonable delay motion prior to trial. Otherwise there would have been a two day trial and the risk of significant punishment if the client was convicted.
We protected the client’s right to a trial within a reasonable period of time pursuant to section 11b of the Canadian Charter of Rights and Freedoms. This was done in part by diligently pursuing relevant disclosure: making clear comments at the court appearances for outstanding disclosure, sending written requests to the prosecution for required materials, setting the earliest available trial dates and then seeking earlier trial dates at subsequent opportunities. Also with our assistance, the client was also able to effectively express that he had suffered prejudice from the total delay.
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One of the keys to obtaining this strong result was that client retained our office shortly after being charged, was prepared to pay to pursue all of his available defences and followed our advice.
Although every case presents its own challenges, our office has a strong record of success in defending drinking and driving cases.