Defending Drinking, Drugs and Driving Cases 2019
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Turn to Defending Drinking, Drugs and Driving Cases 2019 as a guide on how to defend a client charged with a drinking and driving offence. This practical book by prominent criminal defence lawyer Alan D. Gold offers advice on the entire the process, including how to handle a phone call from the police station, factual issues to note, novel defences, the relevant law, and sentencing.
- R. v. Roberts (Ont. C.A.) – While evidence lawfully obtained through roadside sobriety testing may be admissible to establish grounds for arrest or detention, the Court of Appeal for Ontario reasoned that such evidence would not be admissible as proof of the detainee’s alcohol consumption or impairment itself in the absence of a reasonable opportunity to consult counsel.
- R. v. Cyr-Langlois (S.C.C.) – The Supreme Court of Canada held that the accused’s evidence, showing he had not been under observation for a minimum of twenty minutes before administration of the breathalyzer test, was not sufficient to deny the Crown the benefit of the presumptions set out in former s. 258(1)(c) of the Criminal Code.
- R. v. Gubbins (S.C.C.) – The Supreme Court of Canada authoritatively settled the question of historical instrument records by holding maintenance records for the breathalyzer used in this case to be third party records, which, in turn, triggers the requirement for the accused to show their likely relevance in order to obtain disclosure of these records.
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- Criminal Law and Procedure
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