R. v. J.M.

(Calgary, P.C.). Client charged with impaired driving, over 80 and driving without insurance.  On the date of trial he successfully avoided criminal convictions relative to all criminal allegations.  In this case, the Crown was missing its essential witness and thus called "no evidence". When a witness fails to attend a trial judge has the discretion to grant an adjournment. There are three factors to be considered with respect to whether an adjournment is granted: (1) whether the witness is essential, (2) whether there was any negligence on the part of the Crown in procuring the witness (such as failing to subpoena) and (3) whether the witness can be procured for a future date.  In this case, the Crown evaluated the issues, likely including the impact on future trial resources along with the period in which the accused had already been administratively suspended from driving and decided not to further pursue the case. This case highlights why it is often in any accused's interest to press his or her case to trial. Though there are many Calgary impaired driving lawyers for you to choose from, thee are good reasons to call David Chow for a free telephone consultation.  Not all Calgary criminal lawyers are effective DUI lawyers.  Choose your defence lawyer wisely.