The landscape for DUI charges and the defence of same has shifted drastically in recent years with the introduction of IRS suspensions and the SafeRoads program in Alberta. Drunk driving continues to be one of the most litigated areas of Canadian law and there are many technical defences available in almost all situations. Blowing a
An IRS suspension is in place for 12 months, however you are typically eligible to install the interlock device to your vehicle and start driving 90 days after the offence. There are steps required to re-acquire the legal right to operate a motor vehicle and you should receive advice on those before doing so. IRS
Theft can include a wide range of conduct, from shoplifting basic necessities to taking valuable commercial items for resale. Often the best defence is a strong negotiation with the prosecutor to either drop or reduce the charges. We have a good amount of success in achieving alternative measures or diversion where this is a first
Sexual Assault charges are one of the more common and more serious charges we deal with. A conviction leads to significant jail time and a sexual offender designation, both of which are life-altering consequences. Oftentimes charges are laid based on the statement of one person alone, called the Complainant. No other evidence is required to
Sexual Assault charges are rarely dropped. Typically, these allegations will require a trial that takes between one and three days. An experienced sexual assault defence lawyer will have a high rate of success in defeating these charges at trial and can advise you as to the best mode of trial.
In some cases the filing of a ‘Charter Notice’ from experienced counsel will be sufficient to see your charges either dropped completely or downgraded to a lesser offence. This will depend on the circumstances of the seizure and arrest.
There are typically both proof and Charter-based defences available when someone is charged with drug possession, particularly when the drugs are not found on the person themselves. This includes arguing that the Prosecutor cannot prove possession (knowledge and control) and that the search that led to the drug being found was invalid or in contravention
The Controlled Drugs and Substances Act (“CDSA”) makes it an offence to "possess" specified substances. Possession of a drug requires knowledge of the drug and control over it. A person's knowledge of a drug may be proven by circumstantial evidence. Control is power or authority over the drug, but it is not necessary that the
A strong and experienced defence lawyer will in certain circumstances negotiate a plea to a lesser-included offence under the Traffic Safety Act; saving you from a criminal conviction, criminal record and the associated consequences. In the past we have been able to save clients from criminal prosecution by having these charges amended to careless driving
This will depend on the circumstances of the alleged driving pattern and the evidence available to the Prosecutor. Typically, defences to dangerous driving offences include either a defence on the basis of identity (the Prosecutor cannot prove that you were the one driving), or that the driving pattern did not meet the necessary threshold for