Accused client charged with dangerous driving, impaired driving and driving with a blood/alcohol concentration over 80 mgs in Coquitlam.

Vancouver Criminal Lawyer:  Brian E. Mickelson
Accused client charged with dangerous driving, impaired driving and driving with a blood/alcohol concentration over 80 mgs in Coquitlam.

CRIMINAL DEFENCE CASE FACTS:
Client pleaded not guilty to the charges.  The first trial date was cancelled due to lack of court time. A total of 14 months passed from the time that the charges were approved to the second trial date. Brian argued that his client’s right under the Charter of Rights and Freedoms to be tried within a reasonable time had been infringed.

HELD: NOT GUILTY
The prejudice to the accused outweighs the public interest in prosecution. Although there is a significant public interest in prosecuting impaired driving cases, a delay of this magnitude justifies judicial scrutiny and under the circumstance a judicial stay.

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