Driver Acquitted of Impaired Driving Charges after News Crew Filmed Him at RIDE Checkpoint Due to a Global News crew filming a man who was pulled over, Kunal Gautam, at a RIDE check, a judge has acquitted his impaired driving charges. The judge, Ontario Court Justice David Rose said in his statement that Gautam has been acquitted as a result of: No evidence to suggest that York Regional Police placed any restrictions on the Global News TV crew Kunal Gautam’s rights to counsel were violated and to be free from unreasonable search and seizure were infringed upon (Charter rights were violated) Publicizing of a fairly routine police alcohol driving interdiction program Gautam blew two breath samples which came back at 152 and 146mg of alcohol in 100ml of blood. While he was on the phone with a lawyer, a camera operator even placed his camera at the window pointing directly at Gautam while he was in the phone booth, making him feel uncomfortable when asking the lawyer questions, which resulted in the right to counsel violation. With the overwhelming effort of the Global News crew to gain access to the RIDE process and even interview Gautam during the segment, the judge had no choice but to exclude the blood alcohol content from evidence due to the violations, ultimately acquitting all of the charges against Gautam. If you are in need of legal advice or representation, please contact the lawyers at Devry Smith Frank LLP. You may visit our website or contact us directly at 416-449-1400 for more information. By: Nicolas Di Nardo “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawAugust 31, 2017June 18, 2020
Mitchell Irwin Sentenced to 4 years Behind Bars, 6 year Driving Ban By: Nicolas Di Nardo Yesterday’s blog outlined the incident that occurred on June 13, 2015, when Mitchell Irwin sped through an intersection, hit a cyclist and left the scene. The cyclist later passed away due to major head trauma. Mentioned in the previous blog were the statement of facts, along with the charges laid in the initial arrest: Criminal negligence causing death (sec. 220) Failing to remain (sec. 252) Violating bail conditions, which includes: Communicating with two friends who were in the car at the time Consuming alcohol Irwin was sentenced yesterday for above hit-and-run. He was sentenced to: 4 years in prison 6 year driving ban (following his prison sentence) This was given out on Monday after pleading guilty last Friday to dangerous driving causing the death of Adam Excell, and failing to remain at the scene and breaching his bail conditions. Excell’s family still does not believe that justice was served after hearing the sentence. They believe that “if you take someone’s life while driving, you shouldn’t be able to drive…you shouldn’t have that privilege.” If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please take a look at our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawJuly 25, 2017June 22, 2020