R. v. S.R.S.

(Calgary, P.C.).  David Chow is an experienced DUI lawyer in Calgary, Alberta.  He defended his first impaired driving case in 1999 and prosecuted cases involving impaired driving, over 80 and refusal as a Crown with the Office of the Attorney General of Alberta.  In this case, SRS was charged with impaired driving and driving with blood-alcohol over 80.  In 2009 he was acquitted of the over 80 charges on grounds that the trial judge excluded the certificate of analysis at trial.   The crown persisted with the impaired driving charge and as such, the trial continued.  This case illustrates the difference between impaired driving and over 80. For the purpose of the "over 80", once the certificate was excluded from evidence, the Crown no longer had sufficient evidence to prove that charge beyond a reasonable doubt.  Impaired driving has different elements of proof.  To prove DUI the Crown need only demonstrate beyond a reasonable doubt that the accused's ability to operate the motor vehicle was impaired to "any degree" by alcohol or a drug. Proof beyond a reasonable doubt, however, is an onerous standard, requiring proof of something much closer to absolute certainty than to proof on the balance of probabilities.  At the trial continuation, the impaired driving charge was dismissed.  Though the case took much longer than it should have, the accused avoided a criminal record. If you are researching Calgary DUI lawyers, consider calling David Chow. He is a full service Calgary criminal lawyer who offers a free consultation.