DUI & IRS Recent Cases Cases

Our client was charged with operating a motor vehicle with a blood alcohol concentration exceeding .08 mg%. D.S. had driven to a gas station in order to purchase cigarettes. The clerk noticed that he was staggering and smelled of alcohol. A good Samaritan insisted that our client not drive and drove him home. A short time later, the client returned in a cab to retrieve his vehicle. Police intervened and arrested the driver. At the police station, our client provided breath samples that were more than 3 times the legal limit (240 mg/%). D.S. was a professional without a criminal record. His employment depended upon him not being convicted of this offence. Not guilty pleas were entered and the file was set down for trial. At a pre-trial conference counsel advocated that an essential piece of evidence was lacking with respect to all charges. Crown counsel agreed and the charges were withdrawn in advance of trial.

Airdrie RCMP conducted a traffic stop of our client’s vehicle on Hwy 2. The car was stopped as it was observed driving 190 km/hr passing traffic. Upon speaking with the client the officers observed the smell of alcohol as well as slurred speech. Our client was arrested for impaired operation of a motor vehicle. A search of the vehicle resulted in cocaine being found. J. W. was subsequently charged with dangerous driving, impaired operation and possession of a controlled substance. Following a comprehensive Charter notice alleging an arbitrary detention as well as an illegal search, the Crown agreed to resolve the matter on the day of trial for a Traffic Safety Act infraction. All criminal code charges were withdrawn.

The client was observed by a fellow motorist driving in an erratic fashion in downtown Okotoks. The concerned citizen suspected that the individual may be impaired by alcohol and consequently alerted the authorities. Local RCMP located the client and had him conduct a roadside screening test. When he ultimately failed the test, K.S. was taken to the RCMP detachment where he provided breath samples which registered 170 milligrams of alcohol in 100 millilitres of blood. Mr. Wyman identified numerous violations of the client’s constitutional rights which resulted in the Crown withdrawing the criminal charges on the day of trial.

The client, a Spanish speaking Permanent Resident, was charged with impaired driving and refusal to provide a breath sample. Our client was found sleeping in his vehicle on the side of Deerfoot Trail. When First Responders arrived, they smelt alcohol which prompted a call to Calgary Police. When the authorities arrived, the client admitted to consuming shots earlier in the evening. D.B. was arrested and taken to a District Office where he attempted to provide breath samples but was unsuccessful. The client and his family faced deportation proceedings should he be convicted. The matter was set down for a 2-day trial in which Mr. Wyman submitted written argument alleging an illegal arrest and a violation of D.B.’s right to counsel. Upon receiving this argument, the Crown concluded there was no likelihood of conviction and terminated the prosecution.