Ryan L.’s Case, Barrie

Impaired Care and Control; Over the Legal Limit, Care and Control of a Vehicle, .156 BAC

Charge reduced to a Mischief; Client kept his licence; Client received a Conditional Discharge

Many people don’t realize that sleeping in your car while over the legal limit, especially if it’s running (and even if it’s not but you have the keys close at hand) is against the law.

Ryan L. did not know that at the time.

He was in the military and had parked his car on a cold night and appeared to be “sleeping it off” for a bit of time.

Military police attended and charged him with Impaired Care and Control of a Motor Vehicle; he was later found to be nearly twice the legal limit.

At trial, while cross examining the police officer Mr. Anber discovered, from an answer given by the officer, that there was additional disclosure — some police dispatch conversations — which had never been disclosed to the defence.

This was going to necessitate a postponement to a new date which would have been many months later.

While the court took a break, Mr. Anber successfully negotiated with the prosecutor to treat the charge as a Mischief, meaning the client could avoid a criminal record and so he could keep his licence for work.