Dangerous Operation of a Motor Vehicle

R. v. C.B.

The accused, C.B. was charged with operation while impaired, and operation while impaired exceeding the Blood alcohol concentration. Counsel filed a charter application under Sections 8, 9, and 10(b) alleging breaches of client rights protecting him from unreasonable search and seizure, arbitrary detention, and giving him the right to instruct counsel. Counsel was

successfully able to convince the crown to withdraw the criminal charges against the accused upon his pleading guilty to impaired driving under the Highway Traffic Act. Case #16 

R. v. R.E., ONTARIO COURT OF JUSTICE, SCARBOROUGH, ONTARIO:

The accused, R.E., a young offender, was charged with theft under, fail to stop for police, dangerous operation of a motor vehicle and driving without a license. The allegations against R.E., were that he stole gas from a gas station and was then observed by police to be driving a motor vehicle while under-aged. When the police attempted to stop R.E.,’s vehicle, R.E., fled the scene. R.E.,’s motor vehicle was eventually stopped. The arresting officer suffered serious injuries in the course of his efforts to arrest R.E., who was fifteen years old at the time. Mr. Pyzer was successful in having all of the charges against R.E., stayed as a result of a successful charter application challenging the prosecution on the basis of a breach of R.E.,’s right to a trial within a reasonable time as guaranteed by section 11(b) of the canadian charter of rights and freedoms.

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