Charges

Driving Over the Legal Limit, .199 BAC

Result

Case Dismissed

Case Details

One day while driving his vehicle, this person was struck from behind. To his surprise. when the police investigated they seemed to ignore the fact that he was not at fault and proceeded to investigate the odour of alcohol on his breath.

Ultimately he was arrested, but not until there had been some unnecessary delays in the process.

These delays were the subject of legal argument by Dhaval’s lawyer, David Anber.

As the trial approached, the prosecutor contacted Mr. Anber to advise that an essential civillian witness was not available for the trial and that he planned to request a postponement of the trial.

Once before the Judge, Mr. Anber argued that the postponement should not be granted.

The Judge dismissed the prosecutor’s request for an adjournment and, accordingly, the Crown had insufficient evidence to proceed. They requested that the charges be Stayed (permanently stopped).

Click here to see the decision

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