DUI & IRS Recent Cases Cases

Mr. Wyman represented Mr. C. in his matter for over 8 years. As a younger man, Mr. C. was convicted of impaired operation of a motor vehicle causing death. At the sentencing hearing in 1992 Mr. C. received a penitentiary sentence and a lifetime driving prohibition. After serving more than 10 years of the driving prohibition a client can apply to the Parole Board of Canada to have their driving prohibition cancelled. To satisfy this application it must be established that undue hardship exists and that the public would not be placed in harm’s way through the cancelation of the prohibition. Mr. C. had previously submitted such and application without representation and once through another lawyer. Both applications were unsuccessful. Once retained Mr. Wyman procured assessments from well recognized forensic Psychologists that deemed the client to be low risk to reoffend. Notwithstanding this our application was denied. That said, an oral appeal was granted whereby Mr. Wyman appeared in front of the Parole Board and provided submissions. At this level of proceedings, we were successful. After 25 years without a license our client could get back on the road.

An unusual case as our client had been charged with 2 instances of impaired operation on the same day. Mr. C was observed drinking in his boat with friends and driving it in an aggressive fashion. The concerned citizens contacted police who subsequently attended and located our client pulling his boat out of the water with his truck. A roadside breath test ensued which our client failed. He was subsequently charged with operating the boat while impaired as well as operating the vehicle. A somewhat novel case, it was fraught with problems for the Crown. After setting the matter down for trial a resolution was reached whereby the client pled guilty to the bylaw offence of consuming alcohol on a vessel pursuant to the Gaming and Liquor Act. The fine was nominal and the client avoided a criminal record.

Ms. D. retained our office to represent her with an impaired driving charge. Police were called when residents of an apartment complex sitting in her car drinking a bottle of wine. Officers responded and found our client sleeping in the driver’s seat with drool running down her face. An arrest was made and our client blew 300 mg/%. A 2-day trial ensued with Mr. Wyman filing a constitutional notice alleging that the officer violated our client’s section 9 Charter right to be free from an arbitrary detention. During the trial, Mr. Wyman was critical of the officer’s decision to arrest the client within seconds of the initial investigation without first eliminating the option that she was in medical distress. The trial judge agreed and consequently acquitted our client of the offences before the court.

Mr. V. retained Mr. Wyman after he had been charged with impaired operation of a vehicle outside of Airdrie. The officer in question pulled our client over on a range road because concerns he had with respect to Mr. V’s overhead truck lights. After initiating the traffic stop the officer noted indicia of impairment and ultimately brought the client back to the RCMP detachment for breath samples. At trial Mr. Wyman filed a constitutional argument alleging that the traffic stop was an arbitrary one in that the Traffic Safety Act nor the common law permitted a detention for the reasons suggested by the officer. The Crown agreed and withdrew the charges prior to the trial’s commencement.

Our client was a successful business owner who was staying at the Jasper Park Lodge when he went into town for dinner with a friend. After leaving the pub he was immediately pulled over by an RCMP officer who demanded a roadside sample. Mr. E. made numerous attempts to do so and was charged with the criminal offence of refusal when he failed to register a valid sample. The trial proceeded in Jasper Provincial Court where Mr. Wyman argued that the client had a reasonable excuse, that being he was having an anxiety attack. After presenting the Court with the applicable case law the presiding Judge acquitted Mr. E. of all criminal charges. As a result, Mr. E. walked out of the courthouse without a criminal record.

Mr. G. was a class 1 truck driver who had been charged with impaired operation of a motor vehicle. Mr. G. had rear ended a vehicle at a Calgary intersection and fled the scene. One of the witnesses procured his license plate number and contacted the authorities. Police located Mr. G. outside his home with fresh damage on his car. After speaking with him he was heavily intoxicated and placed under arrest for impaired operation and leaving the scene of an accident. He was also charged with refusing to provide a sample after he declined to do so. Recognizing the strength of the Crown case Mr. Wyman immediately coordinated a residential treatment program for the client. After battling his sobriety for countless years, H. was now sober. Given his progress, our office was able to convince crown counsel to impose a curative discharge which ensured that the client not receive a criminal record.