(Calgary, P.C). David Chow is a Calgary DUI lawyer who defended his first criminal impaired driving case in 1999. In RRL the Accused was charged with failing to provide a sample of breath into an approved screening device (ASD). An approved screening device is an investigative tool used to presumptively test blood-alcohol. In December 2018 the Government changed the decades old roadside breath screening law from a process requiring "reasonable suspicion" that the motorist had alcohol in his or her body to a demand requiring mandatory compliance without meeting any investigative standard. According to recent commentary by the City of Calgary Police Department, all motorists are now a "supply sample". RRL had numerous defences. Firstly, there was delay in making the mandatory screening demand. Secondly, as a result of the delay, there were arguable right to counsel issues. Thirdly, the accused was captured on camera and it appeared that he was not trying to defeat the instrument. Fourthly, there were issues with the police grounds for arrest. As a result of these issues and others, the Accused successfully defended the case. If you are searching for an impaired driving lawyer or a Calgary criminal lawyer for any other case, exercise due diligence and call David Chow for a free consultation.
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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
(Calgary, P.C). David Chow is a Calgary criminal lawyer and Calgary impaired driving lawyer who offers full defence services throughout the Province. CRC was charged with impaired driving and driving with blood alcohol at the legal limit. CRC's legal predicament started when Calgary police conducted a traffic stop for speeding in Calgary, Alberta. Though CRC's exhibited no signs of impairment, the police were able to initiate an impaired driving investigation as a result of amendments to the Criminal Code of Canada made in December 2018. The officer made an immediate mandatory screening demand for which the accused properly complied. The accused blew a fail. As a result the accused was placed under arrest for impaired operation of a motor vehicle. The Defence focussed on the legality of the mandatory screening demand and filed a comprehensive Notice of Constitutional Question challenging the Constitutionality of section 320.27(2) of the Criminal Code. The Defence asserted that section 320.27(2) of the Criminal Code of Canada constitutes an unreasonable search and seizure contrary to section 8 of the Canadian Charter of Rights and Freedoms, is not a reasonable limit prescribed by law and as such all evidence obtained as a result of the use of the mandatory search procedure should be excluded from evidence pursuant to section 24(2) of the Charter. This was not the lone defence. The Court never had the opportunity to consider the constitutional question as the Crown stayed the charge. If you have been charged with an impaired driving offence contact a Calgary DUI lawyer who can properly evaluate whether a legistlative challenge is right for you. David Chow offers a free initial consultation, an experienced and skilled legal defence and affordable rates. Call 403.452.8018 to discuss your situation.
(Turner Valley, T.C.). David Chow is not just a Calgary criminal lawyer, he is also a Calgary impaired driving lawyer who defends the full spectrum of Traffic Safety Act violations. In this case the accused was facing a number of Traffic Safety Act infractions that if convicted, would have posed serious difficulties with respect to his ability to drive. Certainly Criminal Code charges are the most concerning, but the impact of penalties arising from non-Criminal Code legislation can have a significant impact on a person's life. For P.J. a conviction may have cost him his job, which would have impacted his ability to earn a living, which would impact his family. In his case, though the allegations were relatively minor, the demerits could have been financially debilitating. At the end of the day, the accused ultimately successfully defended in two separate traffic trials. If you have been charged with impaired driving, blowing over, refusing to blow, dangerous driving or any traffic related offence, call David Chow for a free telephone consultation. David is a full service Alberta defence lawyer who appears in Turner Valley.
(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.