Emily's Case — Over 80 — Withdrawn

Client:  Emily W., Accused
Complainant:  York Regional Police
Charge:  over 80

Background:  Emily had been "downsized." Now an out-of-work engineer, she had taken to drinking during the day to ease her anxiety. After some wine, her daughter and friend asked her to run them down to the local convenience store. Unfortunately for her, a police officer at the store smelled alcohol on her breath. Emily was detained and was required to give breath samples. She gave two samples registering 120 and 130 milligrams per 100 millilitres of blood — well over the legal limit.

READ THE POLICE REPORT

Goals:  Emily was concerned about the impact of a criminal record on her career. Her primary goal was to avoid a criminal record; her secondary goal was to keep her licence.

Strategy:  There was a problem with Emily's rights to counsel on arrest. I planned to raise the problem with the Crown in the hope that we could resolve the case without Emily receiving a criminal record. If not, I would argue at trial that all evidence against Emily should be excluded because it was collected in a manner which violated her rights.

Results:  At my first pre-trial meeting, I outlined my argument. The Crown offered Emily a deal: they would withdraw the criminal charge if she plead guilty to the careless driving charge. Emily agreed, and we finalized the matter that day.

READ THE GUILTY PLEA TO CARELESS DRIVING
READ EMILY'S TESTIMONIAL