(Rocky Mountain House, P.C.). There are many reasons for setting a case for trial. For impaired driving and its related offences such as "at 80" and refusing or failing to blow, there are reasons to force the Crown to prove its case. Impaired driving, "at 80" and refusing/failing to blow carry minimum punishments if convicted. Those punishments include a fine, a mandatory driving prohibition (12 months) and a criminal record. The seriousness of the allegation makes no difference; for even if the accused's conduct constitutes a minor or even more trivial infraction of the criminal law, he or she will be stigmatized with a criminal record. Other consequences may also flow from the mere charge. These include an administrative suspension, jeopardy to employment, economic and family stress or hardship. AME successfully defended the allegations of impaired driving, blowing over the legal limit and disqualified driving on the day of trial. Not only was the prosecution hampered by Constitutional difficulties, they had evidentiary problems. If you have been charged with impaired driving in Rocky Mountain House, Calgary or anywhere in Alberta, British Columbia or Saskatchewan call a qualified Alberta DUI lawyer for a free consultation. David Chow has been defending impaired driving, over/at 80 and refusing to blow cases since 1999. He has focussed much of his legal career defending impaired driving/DUI cases. David Chow is a Calgary impaired driving lawyer of choice. Call 403.452.8018 to consult with a qualified Calgary DUI lawyer.
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A criminal driving offence is essentially any driving related infraction that involves criminal prosecution. Certainly the most common criminal driving offence is impaired driving and related crimes, such as blowing over the legal limit or refusing to blow. The Criminal Code of Canada includes a variety of other driving offences, such as dangerous driving, hit and run, evade police and may even encapsulate charges such as criminal negligence or vehicular assault.
If you have been charged with a criminal driving offence, it is paramount that you retain a lawyer who fully appreciates the evidence and all available defences. Successfully resisting a criminal driving prosecution requires a lawyer who not only understands the law, but has enough pragmatic experience to grasp the difference between criminal driving and other conduct that may only be a transgression of the Traffic Safety Act or perhaps even innocent driving behaviour that is neither criminal nor quasi-criminal.
For a free consultation with a Calgary dangerous driving lawyer, who defends all criminal driving offences, call 403.452.8018.
Recent Case Results
(Whitecourt, P.C.). This was an interesting trial with several Constitutional issues at play. CJJ was charged with failing to provide a breath sample into an Approved Screening Device (ASD). The case was very interesting because it appeared from reviewing disclosure that the investigating officer had reasonable and probable grounds to arrest her for a variety of other offences, thus triggering an immediate right to counsel. The irony in this case was that CJJ was very lucky that she was undercharged (very different from the usual over-charging in many jurisdictions). As a result, David Chow -- CJJ's Calgary impaired driving lawyer -- was able to advance a very credible defence that since she was owed her section 10(b) rights immediately upon detention for other offences that the officer believed occurred, her failure on the ASD should be excluded from evidence. After cross-examination at trial, the Crown -- acting as a true Minister of Justice -- invited the Court to acquit the accused. CJJ was found "not guilty". David Chow is a full service Calgary criminal lawyer who acts for clients throughout the Province of Alberta. If you need a proven Alberta defence lawyer, call 403.452.8018.
(Calgary, P.C.). JDK's case is another example where the Crown was prepared to appropriately exercise its discretion in the public interests. Many are not aware that in any prosecution, the Crown must answer two questions: (1) reasonable prospect of conviction and (2) public interest. Reasonable prospect of conviction asks whether the evidence is notionally sufficient to support a verdict of guilty. Public interest questions whether it is in society's interest to prosecute at all. JDK was charged with blowing at the legal limit; meaning that his BAC was "at 80". JDK was cooperative with the police and had no prior issues. He displayed no other indicia of impairment or bad driving. JDK suffered employed consequences outside of the criminal justice system. David Chow pleaded with the Crown on JDK's behalf to stay the case. Acting in the public interest, the Crown ultimately exercised its discretion favourably -- something that often happens in Calgary. If you have been charged with a DUI, there are impaired driving lawyers in Calgary and throughout Alberta who can help. Sometimes we can bring about favourable outcomes without having a costly trial. Call David Chow for a free DUI consultation at 403.452.8018.
(Didsbury, P.C.). M.J. was charged with operating a motor vehicle with blood alcohol exceeding the legal limit and impaired driving. The accused was involved in a motor vehicle accident that resulted in injury. At the start of his trial in 2018 Calgary DUI lawyer, David Chow, filed a Charter Notice asserting various breaches of the accused’s Charter protected interests, including unreasonable search and seizure due to a lack of reasonable and probable grounds to seize blood samples. The trial judge agreed, holding that the blood seizure was based on suspicion only. The judge further determined that the police did not follow the strict requirements of section 487 of the Criminal Code of Canada concerning tele-warrant procedure. As a result, the evidence was excluded pursuant to section 24(2) of the Canadian Charter of Rights and Freedoms. Whether you are guilty or not guilty, call Calgary defence lawyer, David Chow for a free consultation. David Chow may be able to find a way to keep you from getting a criminal record. David Chow is a Didsbury DUI lawyer. David defends cases throughout the province of Alberta. He is not only a Calgary criminal driving lawyer, he defends cases throughout Alberta, including Brooks, Airdrie, Cochrane and Lethbridge.