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.