Care and Control: Found Sleeping in Vehicle
Client was located asleep in his vehicle after he had driven while impaired. Upon police arrival, it was apparent he had vomited on himself and he was disoriented and confused. The client’s vehicle was inoperable and could not be started. Ms. Forhan recognized this as a triable issue and contacted the police officer directly and obtained a statement from her confirming the vehicle could not be turned on. After reviewing the disclosure, Ms. Forhan also identified a s. 10(b) Charter breach issue [delayed access to legal counsel].
Ms. Forhan set the matter for trial and entered into negotiations with the prosecution. Ms. Forhan was successful in persuading the Crown to stay the criminal charges and allow the client to plead to a Motor Vehicle Act infraction. The client was ultimately sentenced to a $1,000.00 fine and no driving prohibition.
Criminal charges stayed. No criminal record. No driving prohibition.