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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.

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.

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.