Dangerous Driving Win!

Lorne Sabsay appeared today before Mr. Justice S. Clarke in the Brampton Ontario Court of Justice to receive judgment in the case of our client, K. S. The client was charged with dangerous driving and flight from police. He was acquitted of all charges. The main issue in the case pertained to identification. Two police officers wrote in their notebooks that the driver of the vehicle in question was of a "heavy build" with a "round face." We led evidence to show that our client was of a thin build and with a narrow face, both before and after the date of the incident in question. Moreover, we were able to show that the police did not conduct proper pre-trial identification procedures, such as a fair photo lineup. Instead, the police simply obtained a photo of the registered owner of the vehicle (who was in fact our client) and came to the conclusion that the photo depicted the driver on the date of the admittedly dangerous driving. Notwithstanding the fact that the Crown could prove that our client was, indeed, the registered owner of the subject motor vehicle, he was found "not guilty" of all charges because of the failure of the Crown to properly prove his identification as the driver.

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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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