Charge Withdrawn: Operate Motor Vehicle With Blood-Alcohol Concentration Over 0.08 ("Over 80")

Every good criminal defence lawyer knows that a case is won long before trial, through intense preparation and investigation of the evidence in order to figure out the best strategy for victory and the tactics necessary to execute it. Sometimes, if you hire the right lawyer early enough, the case will literally be won before trial by the Crown being convinced to drop your charges. This is called a withdrawal of the charges, and it is legally equivalent to being acquitted after a trial.

In this case, the client retained Tyler MacDonald to defend him the day after he was charged with the drinking and driving offence of operating a motor vehicle with a blood-alcohol concentration over 0.08 (commonly referred to as a charge of “Over 80”). The allegations were serious (including striking another vehicle), as were the potential legal consequences: a criminal record, a driving prohibition, and a fine of at least $1000. Mr. MacDonald, who specializes in defending against drinking and driving charges, immediately began the client’s defence by making a demand for all of the purported evidence that the prosecution planned to use against the client.

While preparing the client’s defence, Mr. MacDonald also conducted sustained negotiations with Crown which focused on pointing out the weaknesses in the prosecution’s case (the specifics of these negotiations are confidential and cannot be revealed here). Eventually, the Crown agreed to a deal resulting in the charge being withdrawn and the client keeping his licence and his ability to drive. Not only did the client defeat the charge without going through the unpredictability of a trial, he was also able get his life back in order without waiting the several months that it usually takes before court time can be found to schedule a trial.