Impaired Driving – Unreasonable Delay
Impaired driving charges can have serious, life-changing consequences. However, we know as criminal lawyers in the Toronto courts that every accused person has the right to be tried within a reasonable time. If that deadline is exceeded, our Toronto DUI lawyers can bring an 11(b) Charter application, asking the court to dismiss the charges, regardless of the evidence.
In this case, delays in the court process led to a successful defence and the charges were dismissed.
Where you need to speak with a criminal lawyer call Charitsis Law at 416-731-7113.
What Is an 11(b) Application?
An 11(b) application refers to section 11(b) of the Canadian Charter of Rights and Freedoms. This section guarantees that anyone charged with a criminal offence has the right to be tried within a reasonable time.
If a case takes too long, a criminal defence lawyer can bring an 11(b) application asking the court to dismiss the charges.
To succeed, the court considers:
- the total length of delay from charge to trial
- whether the delay exceeds acceptable limits
- the reasons for the delay, including Crown disclosure issues
- the impact of the delay on the accused
If the delay is found to be unreasonable, the court will “stay” the charge. This means the case is dismissed and the accused is free to go without a conviction.
Facts of the Case
The accused was involved in a property damage accident while driving in Toronto. Police attended the scene and requested the driver’s documents.
While speaking with the accused, the officer observed:
- a strong odour of alcohol
- unsteady balance and swaying
- signs of incontinence
The accused admitted that he had been driving and had consumed alcohol earlier that evening.
Based on these observations, the officer formed the opinion that the accused’s ability to operate a motor vehicle was impaired. He was arrested and taken to the police station.
At the station, the accused provided two breath samples, which registered readings of 176 mg and 163 mg of alcohol. He was then charged with impaired driving.
Issues at Trial
As part of preparing the defence, lawyer Nicholas Charitsis requested further disclosure from the Crown Attorney’s office, including:
- maintenance and calibration records for the Intoxilyzer 8000C
- information about the alcohol standard used in testing
These records are critical to assessing whether the breathalyzer results are reliable.
Despite several requests, this disclosure was not provided before the scheduled trial date. The court agreed that the information was necessary for the defence to properly review the evidence.
As a result, the trial had to be adjourned.
This delay had a significant impact. The next available trial date was set approximately 15 months after the original charge.
In response, the defence brought an 11(b) application, arguing that the delay violated the accused’s right to be tried within a reasonable time.
Judge’s Decision
The court found that the delay in bringing the case to trial was unreasonable and violated the accused’s Charter rights.
The judge noted that the delay caused real prejudice to the accused. He remained under stress, faced uncertainty, and was unable to move forward with employment opportunities while the charge was outstanding.
After considering the length of the delay and the reasons for it, the court concluded that the accused’s rights had been breached.
As a result, the charges were stayed. The case was dismissed, and the accused was free to go without a criminal record or licence suspension.
What This Means for Your Case
Even strong impaired driving cases can be dismissed if the court process takes too long. The Crown must move cases forward in a timely manner and provide proper disclosure.
A strong defence strategy includes:
- tracking delays from the start of the case
- holding the Crown accountable for missing disclosure
- bringing an 11(b) application when appropriate
- protecting your right to a fair and timely trial
The “clock” starts when you come to court and tell the crown attorney you’re ready to proceed. This is one of the reasons we always advise people, retain a lawyer before the first court date. Make sure you take every opportunity to win your case. Call and lets discuss your case today!
Serving Clients Across the Greater Toronto Area and Central Ontario
If you are facing a DUI or any drinking and driving charge, Charitsis Law represents clients throughout Southern Ontario. Meet with an experienced criminal defence lawyer at our offices in Brampton, Oshawa, Aurora, Newmarket, or Muskoka, or contact us to discuss your case and the court process.
Speak With Nicholas Charitsis Today
You’ll speak directly with Nicholas Charitsis—not a call centre or an intake representative.
When you call Charitsis Law, you’ll speak directly with Nicholas Charitsis. He’ll answer your questions, explain your legal options, and help you understand the evidence against you.
Call 416-731-7113 today to arrange your confidential case review.
