New Traffic Safety Act Amendments
New Traffic Safety Act Amendments (.05 – .08)
Comments (0) : Add CommentRecent Checkstop Victory
The accused was charged with Impaired Driving and Over 80 (having a blood alcohol reading over 80 mg/100ml of blood. The accused had been out at a business meeting and drove into an Alberta Checkstop.
AlbertaImpairedDriving.ca lawyers were successful in having all criminal charges withdrawn.
The accused was charged with Impaired Driving and Refusal (to provide breath sample). He required his driving license for work.
The police alleged that the accused was impaired by alcohol and crashed his van into the LRT tracks in Calgary and thereafter refused to provide a breath sample for analysis. If convicted, the accused would be sentenced to Jail.
AlbertaImpairedDriving.ca lawyers were successful in having all criminal charges withdrawn.
The accused allegedly drove through an Alberta Checkstop without stopping. The police gave chase and pulled the accused over minutes later. The accused was arrested for DUI and taken to the police station for breath tests. The police provided the accused with the informational component of his right to counsel however when the accused tried to call a lawyer, the police failed to assist the accused in doing so and thereafter prematurely ended the accused attempts to call a lawyer. The accused refused to provide a breath sample until he had a real opportunity to exercise his right to counsel.
AlbertaImpairedDriving.ca brought a Charter application, seeking to have the purported refusal excluded from trial. The application was granted, the refusal charge was dismissed and thereafter the Impaired Driving charge was also dismissed.
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