DUI Charge Dismissed following Illegal Arrest
On the 14th day of September 2017 our client was placed under arrest for allegedly driving under the influence. What started as a routine traffic stop for a minor speeding infraction quickly devolved into a legal situation much greater, finding him thrown into an entirely new situation, for which he would need help of the lawyers at Ticket911, namely Me Bernard Lévy-Soussan, help to extract himself from.
Soon after being placed under arrest and summoned to be in court our client hired Ticket911.ca to defend himself from the charge against him and prove his innocence. Me Lévy-Soussan took over his case and upon receiving disclosure from the crown after the first court date meticulously combed over the proof looking for the break in his client’s case.
This break came in the form of a motion to exclude evidence by virtue of articles 8, 9 and 24(2) of the Canadian Charter of Rights and Freedoms. The basis of this motion was that at the time of arrest the arresting officers could not have conclude reasonably and did not have sufficient proof to place our client under arrest for allegedly driving under the influence. In fact the motion stated that there were very little observable symptoms of intoxication that our client was exhibiting and for that his arrest could not have possibly been based on reasonable and probable grounds. Therefore, his detention and subsequent arrest was at its base illegal. The motion went further and submitted that if his arrest was then found to be arbitrary that the breath samples that followed were unlawful and went against the rights that our client is guaranteed under the Canadian Charter of Rights and Freedoms, rights afforded to every Canadian citizen.
The motion itself was pleaded in front of the judge presiding the case and in June 2018, less than a year from the date of our client’s original arrest he was acquitted of all charges based on Me Lévy-Soussan hard and dedicated work. The judge sided with our client, finding that based on the report of the police officers and their testimonies in court there was insufficient evidence to conclude that they could have believed our client was driving under the influence at the time leading up to his arrest. Our client, found innocent, could return to his life all with the help of Me Lévy-Soussan. All this could not have been possible without our client having the foresight to contact Ticket911 for his free consultation. If you are facing a similar situation you can call us at any time and we will be happy to talk to you about your case and what we can do for you.