Charges

Impaired Driving; Driving Over the Legal Limit; Dangerous Driving, .117 BAC

Result

Impaired Driving Dismissed; Careless Driving charge instituted, the Client kept his licence for school and work.

Case Details

One late summer’s day in 2007, Troy H. was driving down a dark street when he flashed his high beams at an oncoming car.

That oncoming car happened to be a police cruiser who subsequently activated the emergency lights, turned around, and tried to pull over Troy’s vehicle.

Rather than pulling over, the client sped away at a high rate of speed reaching speeds of up to 180km/h on a rural/residential street.

The accused was arrested for dangerous driving and detained for some time. The investigation soon turned to a drinking and driving investigation however by this point, Troy was seated in the back seat of the police cruiser (and had been for some time).

The law as it was written then said that a roadside breathalyzer could only be required of someone actually driving (i.e. in the driver’s seat of) their car. There was conflicting evidence over this point between the police officers as to when and where the accused was when the breath sample was requested.

Midway through the trial, when it became clear that the problems with the police evidence was growing, Mr. Anber negotiated a traffic offence in exchange for the drinking and driving criminal charges being withdrawn.

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