The accused was speeding and swerving in and out of traffic and eventually the accused was in a motor vehicle accident. The accused 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.

Mr. Mickelson argued that his client’s right under the Charter of Rights and Freedoms to be tried within a reasonable time had been infringed.

The accused was found 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.