Driving Offences

J.C. was charged with impaired driving and resisting arrest after a police officer attended his house based on an impaired driving complaint. The police officer could not find J.C. and unlawfully entered his backyard and began looking through the house windows. He observed the client and signalled him to come to the door where the officer observed obvious signs of impairment. The officer arrested J.C. and tried to drag him out of the house. J.C. fought back and refused to go down easily. As a result of the brief struggle, J.C. was charged with resisting arrest. At the police station, J.C. refused to provide a sample of breath.

The matter was set for trial and Cory Wilson filed a lengthy Charter Notice outlining all of the unlawful acts during the arrest. Crown was unaware of the law in this area and Cory Wilson explained to the prosecutor how there would be no likelihood of conviction. As a result, the Crown withdrew the charges and J.C. was left with no criminal record.

C.B. was charged with impaired driving and driving over 0.08 after being pulled over by police on a secondary highway. C.B. had spent the day by a river drinking with her friends and made the unfortunate decision to drive home. Police observed her vehicle swerving within her lane and then crossing the middle line several times. After being pulled over, police noticed a strong smell of alcohol coming from C.B. and she admitted to drinking. She was taken from the vehicle and for reasons unknown, was wearing no pants. She attempted to put on her pants and fell into the vehicle.

As a result of the observed indicia of impairment, C.B. was arrested for impaired driving. After reviewing the police dashcam video, it was evident that the arresting officer did not have sufficient grounds to arrest C.B. and should have done a roadside test. Cory Wilson approached the prosecutor and convinced him that there was no likelihood of conviction. As a result, the charges were withdrawn well before trial.

This was the best possible outcome for the client.

B.S. was driving his truck when he struck and killed a pedestrian crossing a crosswalk. After a lengthy investigation, B.S. was charged under the Traffic Safety Act with failing to yield to a pedestrian in a crosswalk.

The police spent a significant amount of resources on the file and the prosecution was contemplating laying criminal charges. Cory Wilson was retained and was able to convince the prosecutor to resolve the matter under the Traffic Safety Act to a $1,500 fine and a 30-day driving prohibition.

This was a great outcome for B.S. given what was such a terrible tragedy.

P.O. was travelling on a rural highway at over double the speed limit. He failed to navigate a turn and went airborne, flying over a river and crashing the vehicle onto an unsuspecting farmer’s backyard.

Police arrived and charged P.O. with dangerous driving. The offence not only carries a criminal record if found guilty but also an automatic one-year driving suspension.

After lengthy resolution discussions with the Crown Prosecutor, Cory Wilson was able to have the criminal charge reduced to careless driving under the Traffic Safety Act. As a result, P.O. was left with no criminal record and faced only a small fine.