R. v. J.F.F.

(Cochrane, P.C. - Impaired Driving/Over 80). JFF was charged with impaired driving and over 80. Had a conviction registered where the Prosecution proceeded by way of "second offender notice", the accused was facing 120 days in jail, along with an extended driving prohibition. Second offender notice applies when it is served on person's who have previously been convicted of specified offences. By way of example, second offender notice is required to be served if the Crown wishes to sentence a second or third time impaired driver to a mandatory minimum jail sentence.  JFF's situation was assisted by arguable Charter issues relating to right to counsel and search and seizure of the breath samples. Also, JFF's trial had been delayed number of times, creating s. 11(b) -- "trial within a reasonable time" -- issues. In short, though JFF had serious exposure, reasonable defences also existed. Recognizing exposure to its case, the Crown resolved JFF's charges in a manner that did not involve jail time. For JFF this was the outcome sought. Success defending criminal charges is not always about winning at trial; for more often, success is achieving the best possible outcome having regard to the allegations, the evidence and the risk to the accused.  Looking for a Roadside Sanctions lawyer in Alberta or an experienced DUI lawyer in Calgary and area? David Chow can be found on Bing and Google. Visit www.calgary-law.ca to learn more about David Chow. This may help you decide who to hire as your criminal driving lawyer of choice.