Driving Under the Influence

AB was charged with impaired operation and over 80, contrary to the Criminal Code of Canada. The disclosure showed a breath sample reading of 170 and 160 mg of alcohol per 100 ml of blood, well above the legal limit of 80 mg per 100 ml of blood.

Our client was facing a mandatory 30 days’ in jail because she had been previously convicted of impaired operation and over 80. If our client went to jail, she would lose her job which requires travel to the United States.

After careful consideration of the evidence, Robert Kivlichan and his team were able to determine that the police did not provide our client with her rights to counsel. More specifically, the client speaks English as their second language and no effort was made to provide a translator.

The Canadian Charter of Rights and Freedoms states accused persons must be provided their rights to counsel. The Police did not provide a translator for the client when communicating with their lawyer. As a result, the Judge found the evidence against AB was inadmissible because our client could not understand her legal rights.