Driving over 80: Breath Room DVD Disclosure

A key piece of evidence to be disclosed in a driving over 80 case is a breath room DVD. Early and timely review of this DVD allows Defence counsel and their clients to make informed choices as to how to proceed. What is shown on the DVD can have a crucial influence on the choice of plea or trial strategy, and onĀ other matters including Charter and non-charter issues.

A failure by the Police and Crown to disclose such evidence in a timely manner could, depending on the circumstances and length of the delay lead to a successful application to stay proceedings under S. 24(1) of the Canadian Charter of Rights and Freedoms. These stays are not granted lightly but they happen.This is just one type of evidence one should keep a look out for. Unnecessarily delays in producing this type of evidence undermines the efficiency of the administration of justice by causing unnecessary additional court appearances which prejudice the accused and increase the costs to taxpayers.

William Poulos, Barrister

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