How do we prove she is innocent without the professional opinion required.

My mother in law was stopped in a ride program at 10 am a couple of weeks ago, she was asked to provide a breath sample which she was unable to do, due to a medical condition called copd. She has now been charged with failing to provide a breath sample. We went to court and we were asked to get medical evidence stating her medical condition and we did.My mother in law has been asked by the crown attorney for further medical evidence then what she has been able to provide stating that her condition would stop her from providing a sample however none of her doctors are able to help in the time provided and this matter is urgent in getting done and over with.. what should we do.


Asked over 8 years ago in Barrie, Ontario
Categories: Criminal Law

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Lawrence Gridin

Answer by Lawrence Gridin

VerifiedOntario lawyer


It sounds like you are trying to negotiate with the Crown Attorney for a withdrawal of the charges. Most Crowns will be reasonable about giving the accused time to obtain medical documentation, particularly if the doctors that need to be consulted are specialists (since they're so busy). It is odd that this particular Crown is giving you such a hard time, especially if you've already provided proof of the COPD diagnosis. It might be worthwhile to retain a lawyer to negotiate with the Crown on your behalf, in effect to level the playing field somewhat.
 
If you are unable to get the Crown to withdraw the charges, then you will have to have a trial. If I were conducting a trial like that, I would call an expert witness (i.e. a doctor) to confirm that the accused has COPD and to explain how COPD would interfere with the accused's ability to provide a beath sample. Your lawyer can provide you with more information about how to conduct your defence, and how to go about dealing with expert evidence.
 
If the evidence raises a reasonable doubt in the mind of the judge as to whether your mother in law was able to provide a sample, then she will be acquitted.

Posted over 8 years ago

Lawrence Gridin · Brauti Thorning Zibarras LLP · 151 Yonge Street, Suite 1800 · Toronto, ON M5C 2W7 · Direct: 416-306-5765

DISCLAIMER Please note that by answering this question, I am not retained as your lawyer, and I am not providing legal advice on what you should or should not do. This answer is general legal information only. To obtain ADVICE specific to your situation, retain a lawyer that you can trust and you are comfortable working with. I am unable to provide legal information/advice over the phone or by email. However, I offer a FREE IN-PERSON CONSULTATION by appointment to anyone charged with an offence.

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