More Successful Case Examples
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Over 80 with low readings – S. P. (Sudbury)
Charge(s): Standard Over 80 charge where client blew low readings.
Facts: Client operating car and involved in a collision with other driver. Other driver was only person who witnessed client as the driver of his vehicle.
Consequences: Client is a hockey coach for both his sons. The Minor Hockey Association requires a Criminal Code search annually in order to apply as a minor hockey coach. A criminal record would destroy the client's life as he knew it.
Result: Jonathan Lapid was able to negotiate a deal with the Crown Attorney's Office to avoid the criminal record and have the client plead guilty to a Highway Traffic Act charge. The Criminal charge of Over 80 was withdrawn.
Signs of impairment – G. Saltzman
Charge(s): Impaired Driving and Over 80
Facts: The client was stopped on the basis of the standard indicators of impairment. The client blew readings of 170mgs% and 160mgs%. The client had no real defence to offer on the merits of the Over 80 charge, but did suggest that he was not impaired.
Result: Jonathan Lapid engaged in a full 8 hour trial (typical trial being only 3 to 4 hours) challenging each and every issue offered by the Crown Attorney's witness, police and civilian. At the end of the day, the Judge threw out the Over 80 charge on the basis of a time delay between the actual driving and the first sample obtained.
With respect to the impaired driving charge, Mr. Lapid raised reasonable doubt by claiming that the usual indicators of impairment were too weak to justify a criminal conviction. The Judge agreed and dismissed the charges.
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