DUI Win!

Lorne Sabsay appeared today before Justice Knazen for judgment in the case of our client, S.P. Mr. P. had been charged with driving with more than 80 mg of alcohol per 100 ml of blood (i.e. "over the legal limit") as a result of his being stopped by a police officer, who testified he saw our client actually drinking from a whiskey bottle while driving. The officer made a demand for an approved screening device sample. There was no such device available at the time, so the officer ordered Mr. P to sit by the side of the road, handcuffed, while he waited for the device to arrive. The device was brought by another officer approximately 17 minutes later. The arresting officer did not, at any point during the wait for the screening device, give our client his rights to counsel, even though it was a busy downtown intersection with plenty of pay telephones nearby. His Honour found that this was a violation of our client's right to counsel under the Canadian Charter of Rights and Freedoms and excluded the breath sample readings subsequently obtained. In the result, the client was acquitted of the "over 80" drinking and driving offence. His driving licence and his clean record were both saved.

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Cohen, Sabsay LLP
357 Bay Street, Suite 901
Toronto, ON M5H 2T7
Phone: 888-626-1102
Fax: 416-364-0083
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