Tag Archive for: Impaired Driving causing Death

R. vs. A.L. – North Vancouver Provincial Court

Charges: Impaired Driving Causing Death; Impaired Driving Causing Bodily Harm.

Issue: What would be the appropriate sentence, considering the aggravating (high speed, MVA record  & high BAC) and the mitigating factors (genuine remorse).

Result: Rather than a sentence in the range of 8 years, Mr. Mines was able to persuade Crown counsel and the Court, to impose a sentence of 40 months jail, and a 7 year driving prohibiton.

R. v. C.C. – Surrey provincial Court

Charges: Impaired Driving, Dangerous Driving Causing Death.

Issues: Whether police breached our client’s Charter rights during the investigation; whether the court would accept the Crown’s sentencing submission.

Result: Mr. Mines was able to persuade Crown counsel that police breached our client’s right against an unlawful seizure of his breath samples. This resulted in the Crown’s inability to prove the Impaired Driving / Over .08 offences.  The Crown had originally been seeking up to 4.5 years jail, but sought a one year jail sentence on the Dangerous Driving Causing Death charge. After hearing Mr. Mines’ submissions, the court found that 5 months was the appropriate sentence.