Theo's Case — Over 80 & Impaired — Unreasonable Delay

Client:  Theo P., Accused
Complainant:  Durham Regional Police Service
Charges:  impaired driving and over 80

Background:  Theo's life was two dimensional: work and family. He had little time for anything else. He rarely drank alcohol. One evening, though, a neighbour cajoled him into having "a drink." Like many inexperienced drinkers, Theo did not set himself limits before he started. He drank to excess, his judgment went down the toilet, and he drove his vehicle. Driving erratically, he was arrested for driving while drunk. Back at the station, Theo was mortified with the staggering results from his breath samples: 220 and 216 milligrams of alcohol per 100 millilitres of his blood.

READ THE POLICE REPORT

Goals:  As a professional, Theo's main goal was to avoid a criminal record. Keeping his licence was an important but secondary goal.

Strategy:  With these high readings, there would be no sympathy and no deals. This was a case to win or lose at trial. There were no obvious defects in the Crown's case. The plan was to fight the good fight at trial.

Results:  When we reached trial, over 14 months had passed. The Judge held this delay to be unreasonable under section 11(b) of the Canadian Charter of Rights and Freedoms. Both charges were dismissed.

READ THE JUDGE'S REASONS FOR DISMISSING THE CASE
READ THEO'S TESTIMONIAL