RECENT SUCCESSES
R. vs. P.H. - Merritt Provincial Court
April 11, 2006
| Charge: | Impaired Driving/ Over .08. |
| Issue: | Whether Crown was aware of its obligation to adduce evidence from a blood alcohol expert, given that the breath tests were taken outside the 2 hour limit. |
| Result: | Charges withdrawn by Crown. Complete stay of proceedings prior to trial. |
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D.R. vs. Superintendent of Motor Vehicles - Vancouver Supreme Court
September 25, 2005
| Charge: | Application to Set Aside a Driving Prohibition. |
| Issue: | Whether Mr. Mines' client ought to have been prohibited based on his driving record. |
| Result: | Driving prohibition set aside after Mr. Mines was able to obtain new trials and subsequent Crown withdrawals of two traffic offence convictions. |
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R. vs. D.H. - North Vancouver Provincial Court
July 27, 2005
| Charge: | Impaired Driving/ Over .08. |
| Issue: | Whether the Crown would be granted a second adjournment of the trial. |
| Result: | After submissions to Crown by Mr. Mines, Crown Counsel withdrew the criminal charges and agreed to accept a guilty plea to Driving Without Due Care and Attention under the Motor Vehicle Act. Mr. Mines' client received a $200 fine but was not prohibited from driving. |
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R. vs. C.H.C. Vancouver Provincial Court
January 19, 2005
| Charge: | Impaired Driving; Over .08 |
| Issue: | Whether Mr. Mines' client had "care or control" of the car. |
| Result: | Not Guilty. After hearing Mr. Mines' submissions, the trial judge had doubt that Mr. Mines' client was in care or control. |
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R. vs. K.O. - North Vancouver Provincial Court
September 14, 2004
| Charge: | Impaired Driving/Over .08. |
| Issue: | Whether breath test readings and evidence of impaired driving would amount to conviction. |
| Result: | Criminal charges withdrawn. Mr. Mines persuaded the Crown to proceed on a less serious Motor Vehicle Act offence. Mr. Mines' client received a fine but was not prohibited from driving. |
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B.G. vs. Superintendent of Motor Vehicles
July 25, 2004
| Charge: | 90 Day Administrative Driving Prohibition. |
| Issue: | Whether the police had provided the Superintendent's office with a reliable and accurate report setting out why Mr. Mines' client should be prohibited from driving. |
| Result: | Driving Prohibition revoked upon review. The adjudicator ruled that essential information was missing, and allowed Mr. Mines' client to resume driving. |
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D.H. vs. Superintendent of Motor Vehicles
April 24, 2004
| Charge: | 90 Day Administrative Driving Prohibition. |
| Issue: | Whether the police have provided the Superintendent's office with a reliable and accurate report setting out why Mr. Mines' client should be prohibited from driving. |
| Result: | Driving Prohibition revoked upon review. The adjudicator ruled that the Report lacked essential information and allowed Mr. Mines' client to resume driving. |
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