A motorist travelling eastbound on Highway 1 in Vancouver contacted the police to report a vehicle swerving between lanes.  The motorist followed the vehicle for approximately 15 miles until it exited the freeway in Coquitlam and he observed the police stop the vehicle.

HELD: NOT GUILTY

The breathalyzer readings were inadmissible in court because there was an unexplained delay of 5 minutes between the time the investigating officer formed his opinion that the accused client was impaired and when he made his breathalyzer demand.  The accused client was also acquitted on the Impaired Driving charge as the trial Judge accepted the accused client’s explanation that his bad driving was a result of inattentiveness to driving while checking his email on his blackberry.

Vancouver Criminal Lawyer:  Brian E. Mickelson
Client charged with Hit and Run causing Death and Dangerous Driving

CRIMINAL DEFENCE CASE FACTS:
A pedestrian doctor visiting from New Zealand was crossing an intersection with his daughter in downtown Vancouver. The client who was proceeding through a green light was unable to avoid a collision with the pedestrian. Instead of stopping his vehicle and offering assistance he panicked and left the scene of the accident at a high rate of  speed. A motorist who witnessed the accident called the police who ultimately apprehended the client.

HELD:  SENTENCED TO 11 MONTHS
A psychological report was submitted by the defence which disclosed that the client was suffering from borderline autism and tended to panic in stressful situations. The court found that in all the circumstances that a sentence of 11 months was appropriate rather then the 21 month sentence which the crown prosecutor was seeking.

CRIMINAL DEFENCE CASE FACTS:
Accused pulled over by the Burnaby R.C.M.P. for swerving and sharply varying speeds. Police officer detected an odour of liquor, red watery eyes, and poor balance. Accused was arrested and transported to the police station where breath tests were taken showing a blood/alcohol concentration of three times the legal limit.

HELD: NOT GUILTY
The breath samples were inadmissible evidence because of a violation of the client’s right to counsel. The symptoms of impairment were insufficient to establish that the accused’s ability to operate a motor vehicle was impaired.

Accused client when approached by an undercover police officer sold ecstasy to that officer.

HELD: CONDITION DISCHARGE

On the basis of no past criminal record and on the material provided to the court that it would not be contrary to the public interest for the accused client to receive a conditional discharge.

Read more about Drug Defense Cases

CRIMINAL DEFENCE CASE FACTS:
Accused client was a passenger in a vehicle pulled over for careless driving when travelling from Vancouver to Calgary. After receiving questionable identification from accused client, police officer searched the trunk of the vehicle and found approximately one kilogram of cocaine and a loaded firearm. During subsequent search of accused client, police officer discovering $2000 cash.

HELD: NOT GUILTY
The cocaine and firearm were inadmissible as evidence because the police officer unreasonably detained and searched the accused client. The $2000 was ordered returned to the client.

CRIMINAL DEFENCE CASE FACTS:
Accused client and four others charged with kidnapping a stranger for ransom. Accused client arrested in basement suite where victim rescued. Various items of forensic evidence implicating the accused client including fingerprints on a pair of handcuffs.

HELD: NOT GUILTY
The evidence creates a reasonable doubt as to whether the accused committed the offence.

CRIMINAL DEFENCE CASE FACTS:
Accused client and four others charged with kidnapping a stranger for ransom. Victim escaping and identifying accused client as one the kidnappers.

HELD: NOT GUILTY
The evidence creates a reasonable doubt as to whether the accused committed the offence.

CRIMINAL DEFENCE CASE FACTS:
Accused client retaining Mr. Whysall to appeal his conviction for sexual assault on a child.

HELD: APPEAL ALLOWED
The trial judge erred in his use of the videotaped statements.

CRIMINAL DEFENCE CASE FACTS:
Accused client arrested at the border and searched as part of routine screening. Border inspectors discover hidden compartment in vehicle the accused client driving.

HELD: NOT GUILTY
The officer did not have lawful authority to detain and search the accused.

Read more about Drug Defense Cases

CRIMINAL DEFENCE CASE FACTS:
Accused stopped and searched by Vancouver police officers investigating a complaint about a threatening with a knife. The first police officer frisked the accused client and discovering marihuana. A second police officer searched more thoroughly and discovered cocaine.

HELD:  NOT GUILTY
The officers did not have lawful authority to detain and search the accused.