R. v. N.B.

(Golden, P.C.).  Client was charged with refusing to supply a breath sample in Golden, British Columbia. The issue arose when police conducted a traffic stop for a routine violation which culminated in an impaired driving investigation.  Though David Chow is a Calgary DUI lawyer and Alberta criminal lawyer who serves clients throughout the province of Alberta, he also represents clients in Saskatchewan and British Columbia. Defending this case was not easy.   The defence filed a Charter Notice asserting breaches of the NB's right to counsel and right to be free from unreasonable search and seizure.  The right to counsel issue was relevant because the police failed to obtain an unequivocal waiver of the right to counsel. Unreasonable search and seizure was at issue because (1) the police lacked reasonable grounds for arrest and (2) delayed the acquisition of the breath sample to the extent that a meritorious argument was made that the samples taken at the Golden Police Detachment were not "as soon as practicable".  The client successfully defended the criminal charge after cross-examination of the Crown's primary investigator confirmed the numerous issues pursuant to the Canadian Charter of Rights and Freedoms and the Criminal Code of Canada. If you have been charged with  impaired driving, over 80 or refusing to blow, due your diligence by researching as many Calgary impaired driving lawyers as you can. David Chow is one of a relative small number of Calgary DUI lawyers over a decade of real courtroom experience, dating back to his first impaired driving defence in 1999.  Call for a free telephone consultation. David can appear for you in Golden, British Columbia.