Archive for 2012

Over 80 Judgment for Federoff Culver

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Case Name:

R. v. Culver


Her Majesty the Queen, and

Federoff Culver

[2012] O.J. No. XXXX

Ontario Court of Justice

Barrie, Ontario

N.A. Smith J.

Oral judgment: January XX, 20XX.

(49 paras.)


R. Windor, Counsel for the Provincial Crown.

T. Pain, Counsel for Federoff Culver.




1 N.A. SMITH J. (orally):— Mr. Culver is charged that on or about the 15th day of April 2011, at the City of Barrie in the said Region, while his ability to operate a motor vehicle was impaired by alcohol, did have the care or ...

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Police starting to get over 80-investigations right

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When obtaining breath samples from a suspect during an over 80-investigation the police must comply with numerous legal requirements in order for those breath sample results to be admissible in court.  The fact of the matter is that many police officers are simply not aware of all their legal obligations during the course of an over 80-investigation.  The failure to carry out these legal obligations is the battleground upon which most over 80-trials are fought and won.  Many of the ...

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Offers of Pleas to Careless Driving Being Phased Out

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Generally speaking, there is little room for plea bargaining when you’re facing a charge of over 80 or impaired driving.  In most cases this means that you’re being offered nothing for foregoing your right to a trial and pleading guilty to an impaired driving or over 80 charge.  The law sets out mandatory minimum sentences and the Crown Offices generally have a strict policy against reducing impaired driving and over 80 charges in exchange for a guilty plea.  Therefore, in ...

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