Impaired operation, dangerous driving, flight from police, resisting arrest, and assaulting a peace officer with a weapon
Two police officers were conducting a routine snowmobile patrol. These officers attempted to stop our client, who was travelling on a snowmobile. According to the officers, our client failed to stop when flagged to do so, accelerated down a narrow trail, and collided with one of the officer’s vehicle. The officers claimed that they needed to use force to stop our client’s snowmobile and that he resisted arrest by refusing to place his hands behind his back. At the police station, our client provided breath samples that showed he had consumed alcohol, but that he was below the legal limit.
Our client was charged with impaired operation of a motor vehicle, dangerous operation of a motor vehicle, flight from police, resisting arrest, and assaulting a peace officer with a weapon. The mandatory minimum punishment for impaired operation is a $1000.00 fine, a twelve-month driving prohibition, and a criminal record. The prosecution initially wanted our client to be sentenced to fifteen days of jail and two years of probation. The matter was set down for trial. However, in the lead-up to the trial, defence counsel negotiated a new position with the prosecution, who ultimately agreed to recommend a “conditional discharge” for pleading guilty to assaulting police and resisting arrest rather than a conviction for the driving offences. The judge accepted this joint recommendation.
RESULT: Our client was sentenced to a conditional discharge, meaning that he was not convicted, he does not have a permanent criminal record, and he was not prohibited from driving.