Product Details
978-0-7798-8487-2
Book S.O. Annual/biannual/biennial
Annual volumes supplied on standing order subscription
Approximately 560 pages
1 volume bound
softcover
2018-06-29
Carswell

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Defending Drinking and Driving Cases 2018
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Description

Defending Drinking and Driving Cases assists defence counsel in defending a client charged with drinking and driving.

Defending Drinking and Driving Cases 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. This practical guidebook, by renowned criminal defence lawyer Alan D. Gold, 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 2018 edition has been updated to reflect all the legislative developments since the last edition and incorporates all significant developments in the case law, including:

  • Cyr-Langlois v. R. (Q.C. C.A.) – evidence adduced by the accused to the effect that he was not under observation for a minimum of 20 minutes preceding the administration of a breathalyzer test was sufficient to deny the prosecution the benefit of the presumptions set out at s. 258(1)(c) of the Criminal Code.
  • R. v. MacInnis (Alta. P.C.) – s. 9 of the Charter was breached where the officer directed accused to exit vehicle and go with officer for screening device test where no necessity was shown why test could not be done at accused's vehicle.
  • R. v. Nguyen (Ont. C.J.) – charges dismissed after detailed review of precedents where police processed accused without benefit of interpreter notwithstanding obvious language issue.
  • R. v. Lachapelle (Ont. S.C.J.) – there is no onus on an accused in cases of actual care and control to disprove the element of risk.

 

About the Author

Alan D. Gold practices at Gold Professional Corporation, 20 Adelaide Street East, Suite 210, Toronto, M5C 2T6. His practice is restricted to criminal trial and appellate work, but otherwise covers the spectrum from sex offenses to white-collar crime, drinking and driving offences to homicides, including search and seizure issues and other Charter litigation. He has appeared as counsel before all levels of courts in Ontario, as well as in seven of the other provinces. A large number of the cases Mr. Gold has argued before the Ontario Court of Appeal and Supreme Court of Canada are reported. Mr. Gold is certified by the Law Society of Upper Canada as a Specialist in Criminal Litigation and was the first Chairman of the Criminal Litigation Specialty Committee for five years. In 1993 in Washington D.C. Mr. Gold was inducted into the American College of Trial Lawyers. He was honoured in 1997 with the annual G. Arthur Martin Award for Contribution to Criminal Justice, awarded November 22nd, 1997, in Toronto. He is a past President of the Ontario Criminal Lawyers Association from 1997 to 2001. Mr. Gold was elected as a Bencher of the Law Society of Upper Canada in May 2003 for a four year term.  He is also the author of Defending Drinking and Driving Cases and Drinking & Driving Law, both published by Thomson Reuters.