R. v. J.R.

(Cochrane, P.C.). Client was charged with impaired care or control and over 80. The charges were withdrawn due to a Charter Notice reflecting a breach of reasonable and probable grounds for arrest. A lack of reasonable and probable grounds to arrest for impaired driving can have a powerful impact on a criminal trial. In this case, had the police not been too hasty in their investigation, there is a very good chance that they would have secured admissible evidence. However, the issue was that they acted impulsively, by arresting the accused without obtaining sufficient information to support the belief that the accused had committed the crime. The net effect was that the evidence obtained in violation of JR's section 8 Charter protected interests was subject to exclusion -- a fact that obliterated by the impaired driving charge and all evidence later collected to support the Over 80.  David Chow makes the town of Cochrane his home. If you live in Cochrane and want a local Cochrane criminal defence lawyer call for a free consultation. David is a Cochrane DUI lawyer and drug lawyer who had run hundreds of trials.