R. v. D.N.D.

(Calgary, Court of Justice - Impaired Operation of a Conveyance/Over 80/FTA). ND was charged with impaired driving and refusing to blow following a police investigation that began on 17th Avenue in Calgary. In this case, police responded to a report made by a taxi driver and when they attended the area, observations were made of two individuals outside of and near the target vehicle. The issue for the officer was identifying the driver of the vehicle. While the vehicle was registered to the accused, the defence nevertheless prepared an identification defence (amongst others) for trial.  In this case, the accused also had a solid constitutional argument relating to unreasonable delay. 

Impaired driving investigations can be difficult for police. If the evidence falls short of identifying the accused as the driver, it matters not if the person complied with a breath demand; for it is not illegal to be over the legal limit if one does not operate or have care or control of a motor vehicle. 

While ND had substantive defences, another significant challenge for the Crown was delay. ND allegedly failed to appear for court. A warrant was issued. The problem for the Crown was that though there was a warrant, ND was arguably a person who could be easily located. The evidence suggested that no meaningful attempts to execute the warrant were made over a 4 year period. While ND certainly shouldered responsibility for delaying the case, over 4 years prior to the warrant being executed, the accused had travelled, passed through airports, had been the subject of traffic stops by police who declined the execute the warrants. Perhaps the biggest issue for the Crown arising from the delay was that its witnesses had moved on.

Ultimately, the Crown directed a "stay of proceedings" before the scheduled trial date. It is likely that fixed with witness issues for proceedings that would use considerable courtroom resources, part of the Crown's reason for directing the stay was based on an assessment of cost to the administration of justice and public interest.

David Chow is a full service Calgary DUI lawyer and Calgary criminal lawyer. David is also an Alberta Roadside Sanctions lawyer. If you have been roadside sanctioned or have been charged with a criminal driving offence, it is your responsibility to retain a qualified criminal defence lawyer who has a good understanding of the nuances of driving laws.