The trial judge ruled that the 11b Application showed that the case had taken too long to come to trial, that the accused’s right to a trial within a reasonable period of time had been violated.
When an accused’s rights under the Canadian Charter of Rights and Freedoms has been violated, the proper remedy is for the justice/judge is to stay or dismiss the charge.
Toronto West Finch Court
Care and Control While Impaired
The accused was operating a motor vehicle on in the City of Toronto and became involved in a property damage accident.
The police officer arrived on scene and demanded the accused provide the documents for the motor vehicle. While speaking to driver the officer noticed a strong odour of alcoholic beverage, he was unsteady on his feet, swaying from side to side, and had urinated himself.
The driver admitted to the officer that he was the driver of the motor vehicle, and that he consumed two bottles of beer earlier that evening.
The officer formed the opinion that the man’s ability to operate a motor vehicle was impaired by alcohol. The police officer arrested the man for for Impaired Driving.
The accused was then transported to the police station to provide samples of his breath. The accused gave two breath samples, and at 3:18 AM he registering 176mgs and his second breath sample was 163 mgs. The accused was charged accordingly.
The accused hired top Toronto Criminal Lawyer Nicholas Charitsis.
In preparation for the trial Mr. Charitsis made a request to the Crown attorney’s office for specific items of disclosure, including; the maintenance and calibration records of the Intoxilyzer 8000c; and, information pertaining the alcohol solution standard used to prepare the police machine that was used to take the alcohol readings.
On the trial date, these items were not disclosed by the Crown Attorney’s office, despite several requests being made.
The judge agreed that these items were needed to be disclosed in order for K’s lawyer to make full answer and defense to the charges.
Accordingly the trial date was adjourned in order for the disclosure to be made available. The next trial date was 15 months after the date that the accused was originally charged.
Lawyer Charitsis filed a motion pursuant to section 11(b) of the Canada Charter of Rights and Freedoms on behalf of his client, complaining that the case had taken too long to come to trial.
On the next court date the Honorable Justice Cole agreed that accused’s rights had been violated because too much time had passed since he was charged with the offence.
The judge noted that the accused’s case was prejudiced because of the time delay since he was unable to change employment and was under considerable stress because the charge was taking too long to come to trial.
Justice Cole “stayed” (withdrew) the charges. The accused was free to go without a criminal record and no suspension of his driver’s license.
Case Won – Charges Dismissed
You’re not guilty unless a judge says you are, not the police or the crown attorney.
It’s your right as a Canadian citizen to be properly defended in court and to have the evidence of your accuser challenged by a criminal lawyer.
As a criminal defence lawyer I have years of experience helping people accused of criminal charges and I can help you.
Together with my network of legal professionals we have been able to help thousands of people looking to do everything possible to win and be properly represented in criminal court.
Knowing the court system, the crown attorney’s, police and judges and having them know you can have dramatic implications. Experience does count in criminal defence. We know how to fight for our clients and present compelling and aggressive defence arguments.
We stake our reputation on doing everything possible to win your case, ensuring the best possible defence with the reviews and winnings to prove it.
Call 416-731-7113 to discuss your criminal defence today.
Julia Davis
2 days ago
★★★★★ It was my fault, with the kids and everything else going on, I put a cosmetic on top of my purse and then forgot about it as I checked out. The security didn’t see it as a small oversight from a busy mother. Nick took care of everything, didn’t have to appear in court, charges were dropped, Thank you so much
Carlos Villarreal
4 days ago
★★★★★ I had never been accused in my life. Nicolás and his team guided me through the whole process, with good customer service and impeccable results. They are very professional and experienced. Great Lawyer, Highly recommended
Olena Kuchuryan
7 days ago
★★★★★ My husband was charged with impaired driving and over 80. We felt totally hopeless. We saw a bunch of criminal lawyers for initial consultation, but only after meeting with Nicholas Charitsis and Vadim Paskaru we could see that they would do whatever it takes to win our case. It was a difficult case, but Nicholas and Vadim were with us every step of the way, supporting us, explaining next steps, always answering our questions. They were very easy to get in touch with whenever we needed them. As a result of their work, the impaired driving and over 80 charges were withdrawn. My husband ended up with a careless driving ticket, no criminal record. We are very grateful to this amazing team of knowledgeable and skilled criminal lawyers. We would recommend them to anyone who is in trouble and does not know what to do.
Mohammad Niazi
1 week ago
★★★★★ Highly recommend the firm and truly appreciate their hard work, this firm are the best at what they do, they have withdrawn my both charges of Drive over 80 and Impaired Driving. They are a bit pricey but however that’s what it needs for professionals to resolve your matters and they had the courtesy to have me pay it over a period of time so definitely worth it regardless. I recommend them to anyone with any kind of criminal cases specially what I went through as results was awesome. highly recommend 100% no doubt. I’m super happy with their work and results.
John Stocco
2 weeks ago
★★★★★ I was charged with Care and Control of a Motor Vehicle over 80mg. From the moment I contacted Vadim Paskarou at Charitsis Law, I was put as ease. Vadim was simply outstanding to watch when cross examining the officer who charged me. If you have been charged with a criminal offence then I would highly recommend contacting them!
Nathan Bowman
1 month ago
★★★★★ I was charged with impaired over 80 and it was my second offence. I found Nicholas to be very honest and upfront about my case. In our first consultation I was advised what the crown would be looking for in the event that I was found guilty. I left the office feeling pretty low as I was likely to serve time and also have a 3 year absolute driving prohibition. Nicholas provided me with my options and gave me time to think about how I wanted to proceed. In the end I took his professional advise and pleaded guilty to a resolution that I feel he worked very hard to get. In the end I walked out of court with no jail time and a 9 month suspension. The results were amazing and actually exceeded my expectations of what could have resulted from these charges. Thanks again Nicholas for all your hard work. I would also like to thank all of your support staff that are a pleasure to deal with.
Nathan Bowman
1 month ago
★★★★★ I’m extremely happy with the results of my case. Nicholas was able to get my criminal charges dropped with no criminal record. His office was extremely helpful during the entire time that my case was being handled. I received excellent value for the fees that I paid. Highly recommend Nicholas to anyone in need of a top criminal lawyer.
Steve Gasiorek
1 month ago
★★★★★ My first DUI case was a big scare to me. During our first meeting Nick introduced Vadim, who was exceptional. My case was weak with some chance of winning. I didn’t feel any pressure from them, still, decided to go for a trial. Now, after the trial, I can say that it was my best decision in years. Nick’s office is well organized, my calls were promptly answered and messages passed on. Vadim prepared me for the trial and presented himself an extremely efficient lawyer. His knowledge about the smallest details of impaired driving, my case and similar cases where charges were dropped was amazing. His presentation of facts and conclusions was extremely well articulated and arguments for dismissal very well supported, In short: – Nick’s team exceeded my highest expectations in every respect Highly recommended!.
Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts in individual cases.
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