R. v. G.K.

(Calgary P.C.).  Client charged with refusing to supply a breath sample. On the day of trial the Crown sought an adjournment due to a missing essential witness.  The Defence opposed the application on grounds of substantial prejudice caused by operation of the Alberta Administrative License Suspension. The Provincial Court Judge declined the Crown's request and no evidence was called. The accused was acquitted.  The trial judge always has discretion to grant an adjournment. There are three questions the judge will consider: (1) is the witness essential, (2) has there been negligence procuring the witness and (3) is there a reasonable prospect that the witness can be procured for a new trial date?  Winning a trial means that your Calgary criminal defence lawyer needs to be ready for every possibility -- including arguing a last minute adjournment application. David Chow is an experienced Calgary criminal lawyer and Calgary DUI lawyer who offers a free telephone consultation.