DUI CASE STUDIES

DUI lawyers know that every case is fact specific, and that judges acquit based on other cases that are similar in nature. Below are some examples of cases that will help build a successful defence of your case.

R. v. Tran, 2013 ONCJ 240

Police stopped Mr. Tran at 10:36 pm. The process of being brought to the station and providing breath samples was completed at 12:48 am. The judge concluded that there was 33 minutes (in 3 gaps) that were unexplainable by the police. The Court found that the breath samples were not taken as soon as practicable and Mr. Tran was acquitted.

R. v. Smith, 2010 ONCJ 145

Police arrested Mr. Smith as he was walking towards his car, which had been in a collision. The office testified that Mr. Smith had bloodshot and glassy eyes, and an odor of alcohol, but was not slurring his speech. Mr. Smith was acquitted because there were not enough observations to conclude, without a reasonable doubt, that he was impaired.

R. v. Ross, 2007 ONCJ 59

Mr. Ross went to a bar, realized he had too much to drink and phoned his friend and asked to be picked up. He waited for his friend in his car, and was found by the police asleep in the driver’s seat with the keys on his knees. Mr. Ross was able to convince the court that he had a planned alternative to driving, and that there was no danger that he would change his mind and drive. Mr. Ross was acquitted of impaired care and control of a vehicle.

R. v. Yaschuk, 2005 S.J. No. 259

Mr. Yaschuk was not able to provide a suitable sample of breath. At trial, he showed the judge a letter indicating that he suffered a heart attack less than 10 years earlier, and suffered shortness of breath, especially when under stress. The judge acquitted Mr. Yaschuk of refusal to provide a sample because he had a "reasonable excuse".

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