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Is failing to provide a breath-sample a criminal offence in Canada? People often do not realize that refusing to provide a breath-sample is a criminal offence in Canada. This includes both an outright refusal or deliberately providing improper samples. What are the penalties for refusing to provide a breath-sample in Canada? Failing to give a […]
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21 Sep '17
Legalization leading to increased driving while impaired by marijuana? Legalized marijuana will lead to more impaired driving according to police representatives testifying before the House of Commons Justice Committee, which is hearing evidence about the government’s new impaired driving law, designed to coincide with the legalization of marijuana. The police expressed concern with the number […]
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- Impaired by Marijuana
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In November 2016, our client was found not guilty of impaired/over 80 and dangerous driving charges in Ottawa. People reported a damaged high-performance car driving erratically. The car was registered to our client. Based on descriptions from witnesses and video surveillance, the police believed our client was the driver. He was arrested at home a short […]
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One of our drinking and driving cases was stayed in September for 2016, when the police were caught discussing their evidence during the trial. During criminal trials the judge usually prohibits witnesses from discussing their evidence. This is done to protect against one witness tainting another witness’ evidence. In our case, the police were found […]
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Our Francophone client was arrested for drinking and driving. At the police station she asked to speak to the French speaking civil or family lawyers who represented her. The police claimed that they tried to call both these lawyers, with no result. The police then put our client on the phone with Duty Counsel. Our […]
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“Can my drinking and driving charge be reduced to careless driving?”— That is a question we often get asked by people charged with drinking and driving in Ontario. The Crown Attorney’s policy usually requires that all drinking and driving charges proceed to trial. There are exceptions. The Crown may agree to a reduced charge of […]
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Our client was recently found not guilty of failing to provide a roadside breath sample and impaired driving in Ottawa. The police pulled our client over for speeding. The officer demanded that our client provide a breath sample into a roadside approved screening device. The officer alleged that our client provided about ten insufficient samples, […]
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Our client was recently found not guilty of criminal charges for assault causing bodily harm, after a trial in Ottawa. There was an argument outside a bar. A man was punched in the face by a stranger. He was knocked out and his nose was broken. The victim later identified our client on Facebook and […]
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Confidential informants told the police our client was trafficking drugs. The police found 30 Fentanyl patches of 100 microgram strength in our client’s car. He was charged with possession of Fentanyl for the purpose of trafficking. Our client faced a 5 year penitentiary sentence given the harsh sentences in Ontario for trafficking even small amounts […]
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Angela was found not guilty of impaired/over 80 “care and control” of a car, after a trial in Ottawa. Here is the story of her case. Early one morning, Angela was sleeping in the driver’s seat of her car with the engine running. The car was parked on the street. The police knocked on the […]
Case Results
Brett McGarry
- 116 Lisgar Street, Suite 300, K2P 0C2 Ottawa, Ontario Canada
- brett@mcgarrylaw.ca
- 613-884-8576
- 613-691-1373