Turn to Defending Drinking, Drugs, and Driving Cases 2023 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.

In this edition, a new Chapter 11, Post-Event Consumption, has been introduced. All significant case law developments that had taken place since the last edition have been incorporated into commentary revisions, and include the following decisions:

R. v. Day, 2022 MBPC 2: The constitutionality of the power that allows random screening tests to be demanded without any grounds as long as the police officer has a screening device in their possession has been upheld;
R. v. Brooker, 2022 BCPC 198: The officer’s demand must be made immediately after suspicion is formed and the sample must be demanded to be provided immediately;
R. v. Edwards, 2022 ONSC 3684: When police are attempting to reach counsel of choice, accused must be informed that they have a right to wait a reasonable period of time before having to choose an alternate avenue, they cannot steer the accused to duty counsel;
R. v. Gonsalves, 2022 ONSC 6004: It is a reversible error for the Crown to rely on an accused’s utterance in DRE examination without holding a voluntariness voir dire;
R. v. Dittmer, 2021 SKPC 17: The accused was acquitted of impaired operation by cannabis after DRE evidence was considered in detail;
R. v. Vine, 2022 ONSC 3297: Unnecessary handcuffing during the ASD test was the successful Charter issue;
R. v. Chopra [2022] O.J. No. 3168: An investigative sobriety detention can become unconstitutional if prolonged.

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Defending Drinking, Drugs and Driving Cases 2023, Softbound book

Defending Drinking, Drugs and Driving Cases 2023, Softbound book