Recent Cases

Vancouver Criminal Lawyer: Brian Mickelson

Client Charged with Dangerous Driving, Impaired Driving, and Driving Over .08

The Facts:

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.

The Argument:

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 Result:

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.