More Successful Case Examples
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Elderly client fails to stop - R. Ferra (Toronto Old City Hall)
Charge(s): Impaired driving / Over 80
Facts: Elderly Italian client operating his automobile when told to stop by police. Client failed to stop and drove off slowly. Officers chased client on foot and arrested him. Client showed all the classical and standard indicators of impairment, e.g. odour of an alcoholic beverage on his breath, red, glossy and red rimmed eyes, slurred speech and unsteadiness on his feet. Client ultimately blew two readings of 140mgs% and 140mgs%.
Consequences: Loss of license, criminal record, insurance premiums skyrocketing,
Result: Client spoke Italian. Jonathan Lapid noted that inadequate and insufficient legal rights under the Charter were provided to the client. An application to dismiss the charges was filed by Mr. Lapid and charges were withdrawn by the Crown.
Through fence onto front lawn – K. Peters (Toronto Old City Hall)
Facts: Client mounted his automobile on front lawn of a house after going through a 2.5 foot metal fence. Client blew two readings of 210mgs% and 200mgs%.
Consequences: Usual suspension and record, but also the potential for jail on a combination of high readings and an accident.
Result: Jonathan Lapid cross-examined the civilian witness who was confused about the time of the accident. Crown, therefore, was unable to give the Court an accurate time to put the driving time within the required two hours of the breath samples. Case dismissed by the Judge as being insufficient for a conviction.
Ride program – P. N. (Orangeville)
Charges: Over 80
Facts: Client was operating her automobile in a proper fashion but was stopped at a Ride Program to check for sobriety.
Consequences: Client is a bank manager and cannot enter a vault with a criminal record. Client would also lose her licence for a year and would not be able to get to work because she lives outside Toronto and has no access to public transportation. Client blew low readings of 110mgs% and 110mgs%.
Result: Jonathan Lapid mounted evidence to the contrary using the testimony of a qualified toxicologist. The Judge accepts the evidence of both the client and the toxicologist, and the case was won.
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