Impaired Driving and DUI Charges

Impaired Driving and DUI Charges

Take a moment to review some of Céline’s successes.

R. v. P.W.

P.W. was charged with impaired and refusal to provide a breath sample. He drank more than 6 ounces of vodka and drove to the Beer Store, where he bought 2 tall cans and a 12-pack of beer. After he finished his two tall cans of beer, he decided to drive home. Witnesses called the police because P.W. was driving erratically and weaving across lanes. When police arrived, P.W. hit a snowbank and was laying down across the driver and passenger seat. When police asked that he provide a breath sample, P.W. refused to blow into the machine, instead blowing into thin air. P.W. wanted to plead guilty to all charges. Through effective advocacy, P.W. only plead guilty to impaired driving, was sentenced to a $2,000 fine, and a 12-month driving prohibition. P.W. did not have to plead guilty to the charge of refusal to provide a breath sample.

R. v. J.L.

J.L. was charged with care and control of a motor vehicle and impaired driving. J.L. went drinking with his friends at a bar. At closing time, he knew he was too drunk to drive home so he planned on walking with his friends and getting his car in the morning. Paramedics were parked near his car and noticed J.L. leave his group of friends, take a seat in his car and turn on the engine. Paramedics blocked the car to prevent him from driving and called police. At trial, J.L.’s friends said that they were waiting for J.L. to get out of his car before they walked home, but that they did not see that he had turned on the car and put it in reverse. J.L. was acquitted of impaired operation of a motor vehicle.

R. v. R.H.

R.H. was stopped by police because they suspected he was driving while impaired. At the station, police tried to convince R.H. to call a lawyer, but R.H. refused. He was brought into the breath technician room to provide two samples of breath, and the officer read R.H. his rights to counsel again. R.H. then asked to speak to a lawyer, and told the officer that he would not provide a sample without first speaking to a lawyer. The officer did not allow R.H. to call a lawyer, stating that he had a chance to do so earlier and refused. Céline successfully argued that even though he was originally allowed to speak to a lawyer before providing a breath sample and he refused, that his right to speak to a lawyer was denied by the second officer, because that officer refused to allow him to call a lawyer. R.H. was acquitted of all charges.

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    Céline Dostaler offers a free initial consultation with no obligation, to discuss criminal charges with anyone who requires legal representation, no matter the criminal offence. Whether you, someone you love, or a close family friend has been charged with a criminal offence, call Ottawa criminal lawyer Céline Dostaler today.

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