Gracia Criminal Law Firm Calgary

Hit and Run Ends With a Small Fine

  • 15 April 2015
Charge(s):

TSA: s.69(1)(a) – Hit and Run, s.71(1) – Fail to Provide an Accident Report, s.50 – Fail to Merge Safely, s.167(1)(a) – Fail to Produce Driver’s Lcence, s.167(1)(b) – Fail to Produce Registration, s.167(1)(c) – Fail to Produce Insurance

Allegations:

While merging onto Deerfoot Trail in rush hour traffic, my client slowly drove into another driver’s lane, forcing the driver to move as far onto the shoulder as possible and up onto a median. My client continued to force his way into this lane and ultimately drove iinto the side of this vehicle. After merging onto Deerfoot, the vehicle that he crunched pursued him, trying to get his attention. However, he simply laughed at the driver and kept on driving. The complainant reported the incident to the police, providing a detailed description of his appearance, his vehicle and licence plate number. There was also another witness. The investigating officer tried, without success, to track him down until several months later.

Result:

On the day of trial, after meeting with all of the witnesses, I negotiated plea to only a couple of minor tickets and he paid a small fine.…

Criminal Charge Withdrawn for Plea to Traffic Ticket

  • 15 April 2015
Charge(s):

CC: s.259(4) – Drive While Disqualified, TSA: s.54 – Driving Without Insurance

Allegations:

My client was prohibited from driving anywhere in Canada, as a result of two separate convictions for Impaired Driving in Ontario. My client was pulled over, while driving in Calgary, for a traffic violation. That’s when the officer discovered that he still had one year remaining on his driving prohibition. My client was argumentative with the police throughout and continuously asked to be given a break. He even asked the police officer if there was anything that he could do for him or a family friend that would get him out of these charges.

Result:

After extensive negotiations, I persuaded the Crown to withdraw the criminal charge, which carries a typical penalty of jail for 30 days, in exchange for a plea to the Traffic Safety Act violation of driving without a valid licence, with a fine of only $500, instead. A couple of weeks later, I then successfully persuaded the traffic Crown, on the day of trial, to withdraw the no insurance ticket, which carries a minimum fine of $3,250.00). No criminal convictions.…

Impaired Driver Found Not Guilty After Trial

  • 15 April 2015
Charge(s):

CC: s.253(1)(a) – Impaired Driving, s.254(2) – Refusing/Failing to Provide a Breath Sample

Allegations:

My client and her husband rented a hotel room for a romantic night away from their kids. After consuming several alcoholic beverages, the couple got into a heated argument, resulting in a bottle of wine getting smashed against a wall and the owner of the hotel calling police, alleging domestic violence. Police found my client parked on the side of the road, in the driver’s seat, on the phone, with the engine running. Based on her indicia of impairment, police asked her to provide a sample of her breath into a roadside screening device. After repeated failed attempts, the officer accused her of deliberately producing the failed results, whereas she claimed that she was genuinely tryng and that the instrument must be defective. Another officer arrived on scene within a few minutes and supplied a different device. After producing similar failed results on this device, she was placed under arrest.

Result:

I tendered pleas of “not guilty,” and conducted a full day trial. After hearing from the three officers involved, I created numerous important discrepencies in their evidence, resulting in a finding of “not guilty” by the trial judge, who preferred the evidence of my client over that of the police officers. All charges against my client were dismissed. No criminal record.…

7th Impaired Driving Conviction – No Jail!

  • 15 April 2015
Charge(s):

CC: s.253(1)(a) – Impaired Driving, s.253(1)(b) – Driving while over .08%

Allegations:

My client, after drinking too much alcohol, lost control of his vehicle and crashed into a tree.

Result:

It was his 7th conviction for impaired driving. He should have gone to jail for 6 to 9 months. Instead, he pleaded guilty to one charge and received a fine of $2000, with 12 months time to pay. The other charge was withdrawn.…

Found Not Guilty in Impaired/Dangerous Driving Causing Death

  • 15 April 2015
Charge(s):

CC: s.255(3) – Impaired Driving Causing Death, s.249(4) – Dangerous Driving Causing Death, s.252 – Fail to Remain at the Scene of an Accident.

Allegations:

My client caused the death of his passenger as a result of a high speed rollover, while driving dangerously, and while his ability to operate a motor vehicle was impaired by alcohol. If convicted, the Crown would have been seeking a period of incarceration in excess of 10 years.

Result:

Found Not Guilty after trial and lengthy closing arguments. Judge said: “I would have preferred to find you guilty, but the evidence wasn’t there.”Reported in local newspapers and radio. No criminal convictions.…

Robbery Charge Reduced to Assault

  • 13 April 2015
Charge(s):

CC: s.344(b) – Robbery

Allegations:

My client hired an escort through an online escort agency to attend at his hotel room. She requested payment of $300 in advance. They talked for 15 minutes, then my client offered to give her a massage. After a few minutes, he turned her over and aggressively pulled at her panties. She protested and told him to stop. He got angry and demanded a refund. She refused. He attempted to forcefully remove the money from her purse. A struggle over the purse ensued. He assaulted her in the process. She threw the money on the floor, locked herself in the bathroom and called 911.

Result:

The matter was scheduled for trial, on the basis that he had a defence to the theft portion of the robbery charge. The victim failed to appear for trial, pursuant to a served subpoena. The Crown succeeded in obtaining an adjournment and a witness warrant. A new date for trial was set. This time the victim showed up, so I negotiated a plea deal to simple assault only (a charge to which he had no defence). We adjourned for the purpose of negotiating an agreed statement of facts. In the process of seeking further instructions from my client, he absconded from Canada, in order to pursue overseas employment. I sought leave to withdraw as Counsel of Record and a warrant issued for his arrest. His intention is to rehire me to conclude this matter upon his return to Canada.…

Domestic Violence Charge Withdrawn Again

  • 13 April 2015
Charge(s):

CC: s.266 – Assault

Allegations:

My client engaged his wife in a heated verbal dispute. The argument continued in the kitchen area, where my client smashed a plate of food and then struck his wife in the face, knocking off her glasses. She ran outside and called the police. He locked her out. Their child was in his room, sleeping. She feared for his safety. Police could not get my client to open the door, so they entered by force by breaking a basement window. They found him in his room, pretending to be asleep. His wife had two small lacerations, dried blood, bruising and swelling to her face.

Result:

The Crown initially refused to resolve the matter by way of a Peace Bond, because this was not the first time my client had been charged with assaulting his wife. In addition, a previous domestic assault had already been resolved with a Peace Bond, a few years prior. I tendered a plea of “Not Guilty,” and scheduled the matter for trial. On the day of trial, his wife did not appear. She had communicated in advance to the Crown that it was all a big misunderstanding; that he had not assault her; that she did not wish to proceed with the charge, etc. On that basis, the Crown did not seek a witness warrant and the charge was dismissed. No criminal conviction.…

Peace Bond Refused, Charge Withdrawn in Domestic Violence

  • 13 April 2015
Charge(s):

CC: s.266 – Assault

Allegations:

My client attacked her husband upon awakening in the morning. She verbally attacked his daughter as well and pushed her. She then struck her husband with an unknown object, causing abrasions to his back and drawing blood.

Result:

She refused to accept the Crown’s resolution proposal of a peace bond, insisting instead that she did not assault him, and that he assaulted her. On the morning of the scheduled trial date, the Crown withdrew the charge. No criminal conviction.…

Domestic Assault Charge Withdrawn

  • 13 April 2015
Charge(s):

CC: s.266 – Assault

Allegations:

My client got into a heated argument with his wife because he had consumed some beer and she was refusing to let him drive. A witness watched him slap her across the face and called the police.

Result:

I negotiated for the criminal charge to we withdrawn, upon him entering into a peace bond with a condition that he attend for some counseling. No criminal conviction.…

Gracia Criminal Law Firm Calgary
Gracia Law Firm
100, 111 - 5th Avenue SW Calgary, Alberta T2P 3Y6
Phone: (403) 975-4529 URL of Map