SafeRoads v. L.K.

(Roadside Sanction - Calgary Impaired Driving Lawyer). David Chow is a full service Calgary criminal defence lawyer and roadside sanctions lawyer.  As a full service criminal defence lawyer in Alberta with over two-decades of criminal law experience, David has defended the full spectrum of criminal and quasi-criminal offences.  This includes not only criminal driving offences, but drug trafficking, domestic assault and serious crimes of violence, including murder. Since David stopped accepting Legal Aid files, his practice has transformed into a more boutique criminal law services, where clients receive more close, personal attention. 

LK was issued a roadside sanction after police executed a traffic stop in Cochrane, Alberta. The officer made a screening demand and LK complied. The officer then read LK the Charter and Caution, to which LK clearly made known the wish to contact a lawyer. At this time, LK was arrested and detained in the back of a police vehicle.  LK deposed that the investigation was rushed. The officer stated that there was a right to a roadside appeal but did not explain things clearly. The roadside appeal form was provided and LK was told to sign it but not given a chance to read it. Ultimately, there were conflicting versions about what transpired. 

In this case, the adjudicator was cognizant that the officer's outline of the events was quite limited. By contrast, LK's deposition was more detailed. The adjudicator concluded, based on the all of the evidence, that LK was not given time to read the right to a roadside appeal and thus was unaware of the right to voluntarily provide the second test. 

LK's case is instructive because it was seriously evaluated by the adjudicator, who did a nice job recognizing that on the balance of probabilities there were issues with the limited report made by the officer. The adjudicator afforded LK that benefit on the balance of probabilities and cancelled the roadside sanctions.

David Chow has a physical office in both Calgary and Cochrane. He is a full service Cochrane criminal lawyer, Calgary defence lawyer and Alberta roadside sanctions lawyer. David operates a boutique criminal law practice where he provides a more person experience to clients.