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Driving Offences, Driving While Prohibited

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Driving Offences, Driving While Prohibited

Driving While Suspended DISMISSED After Trial

R. v. S.B. (2014 B.C. Provincial Court)

Client caught driving by a police officer who had caught him on driving while prohibited on a previous occasion and charged with driving with a suspended licence. Because of Client’s previous driving history, a conviction would require the Court to impose a mandatory minimum jail sentence on Client.  Vancouver Criminal Defence Lawyer Emmet J. Duncan cross-examined the officer as to numerous inconsistencies between her evidence and her notes and report, as well as within her evidence itself and argued for an acquittal.  The trial judge reviewed the evidence and determined that the officer’s because of problems in the officer’s evidence, particularly portions in which she admitted to errors and gaps in her memory, he could not conclude beyond a reasonable doubt that Client had been driving.  This was despite his conclusion that the Client likely had done so.  However, the Crown was unable to prove the allegation to the high standard required by the law.  Client acquitted (found not guilty) and receives NO JAIL, NO DRIVING PROHIBITION and NO ENTRIES into his driving record.

Road Rage Assault Charges DROPPED

R. v. S.M. (2014 B.C. Provincial Court)

Client driver accused of getting into a confrontation with another motorist over a maneuver on the road.  Client alleged to have gotten out of vehicle and eventually to have struck the other driver with a weapon before fleeing.  The other motorist had arguably precipitated the confrontation with aggressive and impatient driving.  Vancouver Criminal Lawyer Emmet J. Duncan negotiated an agreement with Crown counsel to DROP ALL CHARGES in return for Client preparing a written apology and completing volunteer work in Downtown Vancouver.  Client receives NO JAIL TIME and NO CRIMINAL RECORD.

Drugs and Impaired Driving at Border – NO CHARGES

R. v. U.M. (2013 Border Investigation)

Client arrested at Canadian / United States Border and detained on investigation of importing marihuana as well as driving under the influence of alcohol.  Despite the time of the day (late evening), Vancouver Criminal Lawyer Emmet J. Duncan’s office successfully intervened and negotiated with Canadian Border Services peace officers and then with the Royal Canadian Mounted Police to secure Client’s release with no charges, with no jail and with no criminal record.

Impaired Driving Charges Dropped

R. v. G.L. (2013 B.C. Provincial Court)

Concerned motorist called 911 to report Client’s driving, which included driving into oncoming lanes and striking and damaging numerous street signs.  When police found Client, Client was passed out in a running car, which was still in gear, but up against a wall.  Client failed a breathalyzer at the roadside, then unlawfully refused to give a sample at the detachment.  Client was charged with impaired driving and refusal to give a sample.  Because Client is a non-citizen and was in Canada on a student visa, a criminal record could lead to deportation from Canada. Vancouver Criminal Lawyer Emmet J. Duncan successfully negotiated with Crown counsel to drop all criminal charges.  Client received no jail and no criminal record and has been able to remain in Canada.

Impaired Driving Charges Dropped

R. v. C.L. (2013 B.C. Provincial Court)

Client involved in an alcohol-related motor vehicle collision and was arrested after displaying signs of gross intoxication.  Client lied about whether Client was the driver and was charged with impaired driving and was given a 90 day administrative prohibition from driving.  A few weeks later, Client was caught driving during that prohibition and lied to the police about Client’s name.  Client was in Canada on a student visa and the main concern was a criminal record for impaired driving or obstruction of justice.  Vancouver Criminal Lawyer Emmet J. Duncan successfully negotiated with Crown counsel to drop all criminal charges.  Client received no jail and no criminal record and has been able to remain in Canada.

Impaired Driving Charges Dropped – No Driving Prohibition

R. v. T.G. (2013 B.C. Provincial Court)

Client arrested for impaired driving and driving over 0.08 (or “over 80”), at a roadblock after failing breathalyzers at the roadside and back at the detachment.  Client’s main concern was avoiding a criminal record due to career concerns. Although Client had no previous alcohol-related driving problems, Client’s driving record had a number of infractions. Vancouver Criminal Lawyer Emmet J. Duncan successfully negotiated with Crown Counsel to drop all criminal charges.  Client plead guilty to a motor vehicle offence and paid a fine.  Client finished the processed with no driving prohibition, with no jail time and with no criminal record.

Impaired Driving Charges Dropped – No Driving Prohibition

R. v. V.C. (2013 B.C. Provincial Court)

Client arrested for impaired driving and driving over 0.08 (or “over 80”), after failing breathalyzers at the roadside and back at the detachment.  Client’s main concern was avoiding a criminal record due to a successful international business that requires frequent travel overseas as well as to the United States.  Client had an almost perfect driving record.  Vancouver Criminal Lawyer Emmet J. Duncan successfully negotiated with Crown Counsel to drop all criminal charges.  Client plead guilty to a motor vehicle offence and paid a fine.  Client finished the processed with no driving prohibition, with no jail time and with no criminal record.

Impaired Driving Charges Dropped

R. v. I.T. (2012 B.C. Provincial Court)

Client arrested for impaired driving at a road block, as well as refusal to provide a breath sample at the detachment. Vancouver Criminal Lawyer Emmet J. Duncan persuaded Crown counsel that the evidence of impairment was so minimal as to be non-existent, and that the police had interfered with Client’s right to counsel so seriously, that the refusal charge would never be sustained.  Crown agreed to drop all charges.  Client received no jail, no prohibition from driving and no criminal record.

Impaired Driving and Refusal – Charges Dropped & No Further Driving Prohibition

R. v. F.M. (2012 B.C. Provincial Court)

Client caught driving while impaired, and then refused a lawful demand to provide a sample back at the detachment. Vancouver Criminal Lawyer Emmet J. Duncan successfully persuaded the Crown that the evidence of impairment was relatively weak, that at the police station the Client’s right to counsel had been violated, that the Client had suffered significant consequences already, and that he had turned his life around.  Client plead guilty to a provincial motor vehicle offence and received no jail, no criminal record and no further prohibition from driving.

Client Released After THIRD Breach

R. v. G.M. (2009 BC Provincial Court)

Client arrested after a single-vehicle accident breaching release conditions by driving a motor vehicle; being out during curfew; and consuming alcohol.  Police attended scene of the accident and required Client to give a breath sample, which he failed.  This was the Client’s THIRD Breach of his bail conditions – the first two times he had breached curfew and the condition not to consume alcohol.

The Crown’s position was that Client’s bail should be REVOKED and he should be DETAINED pending his trial SEVEN MONTHS LATER.  Vancouver Criminal Defense Lawyer Emmet J. Duncan was able to persuade the Prosecutor and then the Provincial Court Judge to give his client a last chance to show he could be trusted on bail.  Client RELEASED – NO Detention Order.