R. v. D.V – Driving not proven, Charges Dismissed

A vehicle registered to our client was involved in a collisions with another vehicle. The driver of the vehicle drove away from the accident scene without stopping to give her name and address or checking to see if anyone had been injured or appeared to need assistance. A short while later the police attended at our client’s address where they observed her damaged vehicle parked outside. The police spoke with our client who admitted that she had been driving her vehicle at the time that of the collision and that she had fled the scene because she was scared. While speaking with the police, the police smelled alcohol on our client’s breath and arrested her for Impaired Driving and Fail to Stop After an Accident. She was taken to a police station to do breath tests after which she was also charged with Driving with a Blood Alcohol Concentration that was Equal to or Over 80. At trial, the judge excluded our client’s admission to the police that she was the driver of her vehicle due to a Charter breach. The judge also found that the descriptions provided by the civilian witnesses were not sufficient to identify our client as the driver beyond a reasonable doubt. As a result, all of the charges against our client were dismissed.