90-Day Driving Prohibition Results

R. v. M.Z. [2016]
Client facing an Immediate Roadside Prohibition (IRP) as a result of a police check in his own driveway. IRP challenged with written review and included lengthy affidavit evidence from client challenging the facts alleged by the police officer. Adjudicator found insufficient evidence to support IRP and driving prohibition revoked – LICENSE BACK TO CLIENT AND VEHICLE RELEASED FROM IMPOUND LOT.

R. v. C.K. [2016]
Client facing 90 days Immediate Roadside Driving Prohibition. Mr. Shapray retained for hearing which resulted in the Driving Prohibition being revoked as there were issues with the police documents – NO DRIVING PROHIBITION or REMIDIAL PROGRAMS.

R. v. B.B. [2015]
Client charged with Driving While Prohibited and facing automatic minimum jail sentence as a result of his poor driving record including a previous conviction for Driving While Prohibited. Mr. Shapray entered into negotiations prior to trial date and was able to resolve matter with NO JAIL TIME and a plea to the lesser offence of driving without a license.

R. v. T.C. [2015]
Client charged with Driving While Prohibited and Driving While Disqualified under the Criminal Code. Client facing automatic minimum jail sentence and a 1 year driving prohibition as a result of his poor driving record including a previous conviction for Driving While Prohibited. Mr. Shapray entered into negotiations prior to trial date and was able to resolve matter with NO JAIL TIME and a plea to the lesser offence of driving without a license.

R. v. B.M. (2014)
Client received a 90 day driving prohibition (IRP) after a police check of his vehicle revealed him to be sitting in the driver's seat in a parked truck. Mr. Shapray prepared detailed written submissions and sworn affidavits alleging that the client was using his vehicle to sleep in and that he was not in legal "care and control" and thus the driving prohibition should be revoked. Mr. Shapray's submissions on behalf of the driver were accepted and the driving prohibition was thrown out and client's car was released from impound.

R. v. D.D. [2013]
90-Day driving prohibition involving allegation of refusal to provide a breath sample at the roadside. Factual challenge to the IRP with affidavits filed and medical letter resulting in driving prohibition being revoked.

R. v. E.V. [2013]
Successful challenge to 90-Day IRP in case involving an issue about the identity of the driver of the vehicle. Mr. Shapray successfully persuaded the adjudicator that the police were mistaken about who was driving and the driving prohibition was REVOKED.

R. v. K.W. [2013]
Mr. Shapray was successful on the challenge to this 90-Day Driving Prohibition where the client blew a fail reading on two samples taken at the roadside. Driving prohibition was REVOKED on the basis that there was insufficient evidence about the proper calibration of the screening devices and thus uncertainty about the validity of the test results.

R. v. B.F. [2012]

90-Day Driving Prohibition in over 80 case revoked after challenge to police evidence on the time of driving or care and control of the vehicle.

R. v. M.V. [2012]
90-Day Driving Prohibition revoked after challenge to timing of Breath Demand and challenge to police officer's evidence in case involving an alleged refusal to provide a breath sample.

R. v. K.T. [2010]
Written submissions made by Mr. Shapray to the Superintendent of Motor Vehicles result in 7-month driving prohibition being cancelled.

R. v. B.F. [2010]
90-Day Driving Prohibition in Over 80 case revoked after appeal filed following consultation with Mr. Shapray. Police fail to file required documentation resulting in NO DRIVING PROHIBITION.

R. v. B.I. [2010]
90-Day driving prohibition in refuse breath sample case overturned after Oral Review. Mr. Shapray argued that there was no evidence of a valid demand or an unequivocal refusal - Client able to obtain new license - NO DRIVING PROHIBITION.

R. v. M.B. [2009]
90-Day driving prohibition in Over 80 case overturned after challenge to evidence at oral review.

R. v. D.K. [2009]
90-Day driving prohibition in Over 80 case overturned after challenge to evidence at oral review.

R. v. A.P. [2009]
Successful challenge to 90-Day Administrative Driving Prohibition in case involving accident and taking of blood sample at the hospital.

R. v. L.L. [2008]
Successful challenge to 90-day Administrative Driving Prohibition for over .08 charge.

R. v. K.J. [2008]
Successful challenge to 90-day Administrative Driving Prohibition for over .08 charge.

R. v. R.M. [2008]
Successful challenge to 90-day Administrative Driving Prohibition for over .08 charge.