R. v. L.S.

(Calgary, P.C.). Client charged with impaired driving, over 80 and weapons offences.  As a result of a filed Charter Notice, the client successfully defended all impaired driving related charges and received a conditional discharge relative to the weapons offences. The weapons offence arose as a result of it being observed in "plain view" in the vehicle. "Plain view" means that the thing in question can be seen "plainly" or without having to do anything more than merely use one's eyes. The Charter Notice outlined defences contrary to section 8 (unreasonable search and seizure) and 10 (right to counsel) of the Charter. In this case, the investigation began in a checkstop. A "checkstop" is a location set up by police to stop and check the sobriety of drivers. David Chow is a former Calgary crown prosecutor, now full-service Calgary criminal lawyer, experienced in defending checkstop cases. Since the accused's manner of driving was unremarkable and since his indicia of impairment were relatively innocuous, thus promoting the use an Approved Screening Device (an instrument used to presumptively test blood-alcohol concentration/BAC), the impaired driving charge was easily defended. The "over 80" charge was defended because (1) the officer's reasonable suspicion for using the Roadside Screening Device was problematic. Combined with a right to counsel issue where the police failed to provide the accused with the necessary implements to exercise right to counsel and he managed to defend the allegation of blowing over. Possession of the weapon was more difficult because it was located in plain view and was a prohibited weapon. In this case, knowledge, consent and control was sufficient to prove "possession" of the weapon. However, the accused successfully argued for a conditional discharge, meaning that he would not have a permanent criminal record.  Scanning the Internet for Calgary criminal lawyers to defend your DUI case. Call Calgary DUI lawyer David Chow for a free consultation. Need a Calgary criminal lawyer for a weapons offence? Call 403.452.8018.