A practical guidebook to assist defence counsel in defending a client charged with drinking and driving.
This practical guidebook, by renowned criminal defence lawyer Alan D. Gold, assists defence counsel in defending a client charged with a drinking and driving offence in a logical and coherent fashion from the beginning to the end of the process. It provides sound, practical advice on all steps along the way, including how to handle a phone call from the police station, factual issues to note, novel defences, the relevant law and sentencing. Topics addressed include the validity of the approved screening device test, proof of impairment, admissibility of blood and breathalyzer tests results, Charter defences, the concept of "care and control," and sentencing. The technical aspects of demands, breathalyzer reports, certificates, blood alcohol content reports and alcohol influence reports are also covered.
New in this Edition
This 2017 edition has been updated to reflect all the legislative developments since the last edition and incorporates all significant developments in the case law, including:
- R. v. DeCastro (Ont. S.C.J.) – after the Crown failed to prove the first breath test had been taken within two hours, the trial judge erred by relying on assumptions of how fast police would have responded to the accident.
- R. v. Schouten (Ont. C.A.) – the odour of alcohol on the driver’s breath, accompanied by an admission of consumption hours earlier, made for reasonable grounds to believe alcohol remained in the body of the driver.
- R. v. Suter (S.C.C.) – although impairment was not established at trial, and even though the fatal accident was caused by non-impaired driver error, the trial judge’s application of the sentencing range for impaired driving causing death was not an error.
- R. v. Vallentgoed (Alta. C.A.) – historical maintenance records of the impugned breathalyzer device were held not to be fruits of the investigation and not subject to obligatory disclosure, which meant the defence bears the onus of establishing their likely relevance.