DUI & IRS Recent Cases Cases

Our client was a youth pastor from the United States. He was here in Canada on a work visa with a local church. After a night of drinking at a friend’s home, K. elected to stay the night as he shouldn’t be driving. When he woke up in the morning he proceeded home and was stopped by a Cochrane RCMP officer following a perceived traffic violation. When the officer smelled alcohol, a roadside breath test was requested. The client declined to blow as he feared that he may be over the limit. While the client was not facing jail, the stakes were truly high on account of the client’s profession and the immigration consequences. Ultimately, at trial it was argued that the officer violated Mr. B’s constitutional rights to be free from unreasonable search or seizure. The argument was a persuasive one as the criminal charges against him were dismissed.

Mr. T. owned a successful cabinetry company here in the city. Following a day’s work with his crew he was pulled over and arrested for impaired driving. After being taken to the local RCMP station for breath samples, he refused to provide. H. was diligent in contacting our office and a trial was set on the first appearance. In advance of trial, Mr. Wyman filed a technical written argument alleging impermissible delay with respect to the roadside breath testing. Should the roadside breath testing results be thrown out, the subsequent arrest would be deemed unlawful. Prior to the trial commencing Crown counsel withdrew the charges against our client.

Our office was contacted by a former client’s boyfriend regarding an incident that had taken place with his 19-year-old son. The client was on his way home in Okotoks when he was stopped by a Sheriff for a traffic infraction. The Sheriff smelled alcohol and consequently asked J to exit his vehicle so that he could determine the source of the smell. Once outside, the sheriff smelt alcohol on the client’s breath and requested that a uniformed RCMP member attend to conduct a roadside screening test. The client ultimately failed the test and provided samples in excess of .08 at the local detachment. At trial, Mr. Wyman had filed written argument alleging that the Sherriff lacked the ability to detain the client in the fashion that he did, thereby violating his section 9 Charter rights. While the argument had merit, Mr. Wyman in cross-examination had the officer concede that he had failed to provide full disclosure to defence, in that he had procured a video of the incident that he did not disclose to Crown counsel. Because of this, the trial came to a halt and the Crown agreed to withdraw the charges. This case is an example of coming into trial with a good plan and leaving with great result on account of deviating from it based on the testimony given.

Our client was on her way home when her car was seen weaving between lanes by a Calgary Police Service officer. When she was stopped, the Constable detected an odor of alcohol and arrested her for impaired driving. When she was asked to provide a breath sample, she refused. Ms. W. had no criminal record and a supportive family. Our office was able to secure placement for her in a comprehensive alcohol rehabilitation program. After she successfully graduated from the clinic, Mr. Wyman was able to persuade the presiding Judge to grant her a curative discharge. Such a discharge places the client on probation for a set term with conditions of abstention and counselling. Provided the client adheres to the conditions, they receive no criminal record.

Our client was employed as the head chef at a highly successful Calgary Restaurant. While on his way home from work, he was stopped by officers for speeding. When they came to his window, they detected the odor of alcohol and the client had difficulty communicating. Mr. B. was then placed under arrest for impaired operation of a motor vehicle and taken to the local detachment. After being given an opportunity to speak with a lawyer he refused to take the breath test. M. B. was a past client who had previously been charged with Impaired driving. We successfully dealt with his first set of charges so he thus had no criminal record. With respect to this matter, it was a strong Crown case. As such, Mr. Wyman was able to procure enrollment for Mr. B. at a comprehensive rehabilitative treatment program. After completing the program, Mr. Wyman was able to negotiate a curative discharge whereby the client completed court ordered counseling and received no criminal record.

Our client was charged with impaired operation of a motor vehicle following a collision he was in on 12th avenue. Following the collision, officers were called and noted indicia of impairment when they arrived. When questioned by the officers, B. indicated that he had drank 5 beers and consumed a marijuana edible. This resulted in his arrest. Upon searching his person and the vehicle, officers located additional alcohol. After being taken back to the police detachment, Mr. H provided breath samples more than twice the legal limit. While it seemed like a difficult case to succeed upon, Mr. Wyman set the matter down for trial on account of constitutional arguments that flowed from the manner in which the officers conducted themselves. Because of these decisions, Mr. H. was able to put the incident behind him and avoid a criminal record.