Vancouver Criminal Lawyer:  Brian Mickelson

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.

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.

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.