While the joy of the open road lures us all, it's a highly regulated place under constant police surveillance. If driving on public roads, your rights are limited and can be suspended. Any driver can be detained, all drivers must answer some questions, and some drivers must cooperate with police investigations.
Since drinking and driving is legal for most drivers, since traffic violations are common, and since many are stressed, distracted, or just downright rude, it should come as no surprise that our roads meet our Courts at busy intersections.
Impaired and Over 80 cases are about whether a line has been crossed. Sometimes, good people make mistakes. For too many, the punishment does not fit the crime. I've been fighting these cases since 1996 (E.P.). Witness below a strong Crown case crumble (S.W.), a win mid-trial (B.S.), and a successful appeal (G.H.). Sometimes, a conviction can be avoided after seeking a Court order for disclosure (M.P.) or the morning of the trial (S.S.).
Other cases involve accidents (D.J.), conflict with other drivers (S.R.), leaving the accident scene (K.N.), and speed (C.M.). If charged with careless driving under the Highway Traffic Act, you might be worried about the suspension of your licence and the impact on your insurance and demerit points (H.L.).
Explore below my Court transcripts and Judges' rulings. Then call about my free consultation: 416 410 2266.
Craig Penney, Toronto Driving Offence Lawyer
Certified Specialist in Criminal Law
H.L.'s Case — careless driving — disclosure problems leads to withdrawal
S.R.'s Case — assault & mischief (road rage) — withdrawn after apology
M.W.'s Case — assault & death threat (road rage) — withdrawn
S.S.'s Case — refuse breath sample demand — careless driving guilty plea
M.P.'s Case — refuse breath sample — fight to interview witness wins case
B.S.'s Case — over 80 & Impaired — case collapses mid-trial
C.M.'s Case — dangerous driving & racing — criminal conviction avoided
G.H.'s Case — refuse breath sample (ASD) — acquitted on appeal
J.V.'s Case — over 80 & speeding — stayed for 14-month delay
L.C.'s Case — refuse approved screening device demand — withdrawn
D.J.'s Case — dangerous driving bodily harm — no criminal conviction
B.A.'s Case — speeding and fail to stop — dismissed for unreasonable delay
S.W.'s Case — impaired and over 80 — acquitted by Judge
E.L.'s Case — over 80 — acquitted for delay in taking samples