DUI & IRS Recent Cases Cases

Mr. K. retained our office after being charged with impaired operation and refusal. While on his way home after a night of drinking, he was pulled over in Checkstop The officer detected the odor of alcohol and a breath test was requested. Knowing that he would be over the legal limit, Mr. K. outright refused. Mr. K. had a high-ranking position with the city of Calgary who was overwhelmingly supportive with respect to his predicament. Ultimately, it became evident that Mr. K. was in need of assistance and thus a stay at a residential treatment facility was coordinated. Following his completion of the program Mr. Wyman was able to convince the presiding judge to impose a curative discharge, a sentence by which the client would continue to participate in counseling but would not receive a criminal record.

Our client was charged with impaired operation and refusal. On his way to his home he became drowsy and elected to pull over in a subdivision to take a nap. Officers found his truck and believed that he might be impaired. A roadside breath test was demanded and he was unable to provide a sample and thus charged. Mr. Wyman was able to procure medical evidence from our client’s physician that established a reasonable excuse. Prior to the trial commencing the Crown agreed that there was no prospect of conviction and withdrew the charges against our client. As Mr. H. had no prior criminal record he was immensely appreciative for our office’s efforts.

Mr. G. was referred to our office by his father a retired police officer. Mr. G. had been charged with impaired/.08 offences following an accident on his motorcycle. The collision was a serious one that required the attendance of emergency personnel. Following an examination by EMS the officers brought our client to the police station where breath sample readings exceeded 200 mg/%. The client was a welder with no criminal record. After reviewing the disclosure material, it became apparent that no witnesses would be capable of establishing the time of driving, an essential prerequisite for admissibility of the Certificate of Analyst. The matter proceeded to trial where Mr. Wyman put the Crown on notice of this fatal flaw. As this piece of evidence could no longer be corrected the charges were withdrawn prior to the hearing’s commencement.

Our client was an elementary school teacher who had been charged with impaired driving and failing to provide a breath sample. She had no prior involvement with the criminal justice system. A cold night in October she had been at her boyfriend’s hockey game when she got a flat tire on her way to meet friends. Her boyfriend later arrived and assisted her with changing her tire in subzero temperatures. After the tire had been changed she went through a CPS Check-stop where she admitted to having a drink earlier in the evening. A roadside was requested and she was asked to exit her vehicle for this purpose. After numerous unsuccessful attempts, she was arrested and charged. The matter proceeded to trial on the basis that the client had a reasonable excuse for failing to provide a sample. Prior to trial, Mr. Wyman had procured medical evidence demonstrating that the client suffers from an iron deficiency which leads to a shortness of breath. After hearing the client’s testimony affiliated with this condition the court had no difficulty acquitting.

Mr. P. had no criminal record and retained Mr. Wyman to deal with his impaired driving charges out of Strathmore. The prosecution was relatively straightforward. Mr. P was pulled over because a traffic violation, he failed the roadside breath test and provided breath samples at the RCMP detachment in excess of the legal limit. Finding a discrete argument in the disclosure material Mr. Wyman set the matter down for trial. The officer in the file removed our client from his vehicle and had him conduct the roadside in the rear of the cruiser. The Criminal Code allows an officer to conduct the test in such a fashion if its deemed necessary. Here, it was argued that there was no necessity in having the test done in this fashion. The argument carried the day and our client walked out of the Strathmore Courthouse with no criminal record.

Our client’s Mercedes was pulled over in Banff after the officer purportedly observed traffic infraction. When a traffic stop was initiated the officer requested a roadside breath sample that he eventually failed. He was taken back to the Banff detachment where he provided 2 breath samples which exceeded the legal limit. Mr. Wyman requested production of the on-board camera from the officer’s cruiser. After reviewing the media, it became evident that no such driving infractions took place and the officer was merely trying to justify an arbitrary traffic stop. Crown counsel agreed and withdrew the charges in advance of trial.