Impaired Operation, Leaving the Scene of the Accident and Over 80mg

MARIO’S IMPAIRED CASE

Background

Mario was charged with Impaired Operation, Leaving the Scene of the Accident and Over 80 mg. The charges were serious. Mario retained a criminal lawyer (other than David) to defend it. Shortly before his trial date Mario came to David and complained that his old lawyer is not communicating with Mario, that he is always impossible to reach and that Mario does not believe in that lawyer anymore. David accepted the case. The trial had to be adjourned as there was no time to prepare. David brought an application to adjourn the trial and a new date for trial was set.

Trial

Before trial David brought a motion asking the court to stay the charges due to unreasonable delay in prosecuting the case. The Crown responded with their usual arguments that Mario has not suffered from the delay because he was allowed to drive his vehicle until trial, and that he was not interested in moving the case forward as evident from his lack of efforts to ensure the timely trial.

Results

The judge agreed with David that Mario in good faith did what he could under the circumstances and that the 12 month delay preceding change of counsel should not be watered down by the delay caused by change of counsel.

The Impaired, Over 80 and Leaving the Scene of Accident charges were stayed by the judge and Mario walked out of the courtroom with a big smile on his face.