Impaired Driving and Accident – Successful Defence
The allegations were that as a result of impaired driving Alex caused a bad accident by ramming his car into two cars stopped at a stale red light. The impact was powerful. Alex and his friend (who allegedly was a passenger) were found by the police lying on the side of the road in need of medical attention. Civilian witnesses identified Alex as driver. Alex reeked of alcohol and was charged with Impaired Driving. He was taken to a hospital where blood tests were performed. It was anticipated that an additional Over 80 mg charge would be laid after the test results would be received.
Alex depended on his vehicle for work purposes. He immediately hired Jonathan Lapid to defend the charge.
Jonathan Lapid was aware that the prosecution’s case had weaknesses, but he was not in a position to discuss it as the Crown could have fixed the case. The matter therefore went to trial. On the trial date the Crown attempted to introduce the blood test results but Jonathan Lapid successfully fought it on technicality basis and the results were never put before the judge.
After the witnesses were heard from, Jonathan Lapid submitted to the judge that the Crown’s case has two major problems.
Firstly, the witness who put Alex behind the wheel performed poorly during Jonathan Lapid’s cross-examination and therefore appeared to be unreliable. So it was not certain who out of two occupants of the car was the driver and who was the passenger.
Secondly, DUI Lawyer asked the judge to find that the evidence of the accident in combination with the smell of alcohol is not enough to conclude that the driver was impaired to drive. The Crown vehemently objected to both points saying that it is very clear and obvious that Alex was the driver and that he was drunk.
The judge agreed with Jonathan Lapid that the Crown failed to prove who the driver was.
The judge also agreed that the Crown did not prove that Alex was unfit to drive at the time of the accident. Either one of these findings would have been sufficient for the defence’s victory. Alex was acquitted.
The Advantages of Speaking with
- One of the Highest Success Rates
- Free Initial Honest Case Assessment
- Reasonable Fees With No Hidden Costs
- Successfully Defended Hundreds of Clients
- Criminal Lawyers Rely on Him for DUI Advice
- Jonathan Himself Has 25 Years of Experience
Jonathan Lapid - DUI Industry Leader
Jonathan Lapid is a criminal defence lawyer and DUI expert in the GTA with over 25 years of experience. A few years ago, a Brampton police officer called Jonathan to defend him on a DUI charge. Jonathan asked him how he found him and the officer said that after asking his police friends who they lose to in court, it was Jonathan’s name that popped up again and again.
He has represented an NHL player, a Canadian Olympic athlete, police officers, lawyers, doctors, prominent senior executives, pilots and flight attendants, limousine drivers, factory workers and many other hard working Canadians.
If nothing else, this tells you that he’s built a track record others take notice of and there’s a reason why even the highest profile individuals entrust him with their cases.
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