Vladimir Rigenco, 19, found himself the target of a police probe several months ago, when a U.S. citizen called in a tip stemming from Mr. Rigenco’s post on an Internet forum for BMW fans. In it, the young man boasted about driving 100 kilometres per hour above the posted speed limit on Apple Blossom Drive, a residential road in Vaughan.

Now, Mr. Rigenco has been convicted, sentenced last week to a six-month driving prohibition and 12 months of probation. He must also complete a remedial driving program and pay a $1,000 fine.

Alan Ackerman, a expert in privacy and social media with the University of Toronto, said the young man’s “exhibitionistic comment” illustrates a fundamental knowledge gap about what is public and what is private.

“It looks like he didn’t really anticipate what that would set off,” Mr. Ackerman said.

York Regional Police Constable Serguei Barmakov, the arresting officer in Mr. Rigenco’s case, said it all began with a tip from an American citizen, which prompted police to visit the 5 Series Forums, an online discussion tool for BMW enthusiasts.

“As a result of that, we observed this character boasting his dangerous driving behaviour,” Const. Barmakov said. “A full-scale investigation was launched to [determine] whether there was any substance to the words.”

Mr. Rigenco’s posting indicated he was travelling 140 km/hr in a 40 km/hr zone on March 15, Mr. Barmakov said. Armed with those details — and with photos of the suspect and his vehicle taken from the forum — police canvassed the relevant area in Vaughan for witnesses, and found several.

“It appears that this was a repeated behaviour,” Const. Barmakov said, though the police probe only focused on the one incident.

Police charged Mr. Rigenco in April with dangerous driving, a criminal offence, but charges were later downgraded to careless driving under the Highway Traffic Act in light of the 19-year-old’s guilty plea.

Const. Barmakov said this is the first time he has launched an investigation because of an online posting, calling it evidence of a new era.

Toronto-based traffic lawyer Volga Pankou noted that such a posting, on its own, would likely not be sufficient evidence in court to prove careless driving.

Read full article here

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Article:

A judge has found that Peel police officers conducted an unlawful strip search and then tried to cover it up, calling their testimony “evasive” and “troubling.”

The officers’ conduct prompted Justice June Maresca to throw out breathalyzer evidence in an impaired driving case earlier this month, citing a breach of Charter rights. The defendant, David McPhail, was acquitted as a result.

McPhail, 25, was arrested and charged with driving while impaired. He was brought to a Mississauga police station just before 5 a.m. on Sept. 21, 2008 and was made to strip completely naked. Nothing was found in the search.

The Ontario Court judge wrote that three officers knew the strip search took place. Two were in the room when it happened but took no notes. One initially testified it never happened.

“What can only be viewed as the attempted coverup of the strip search makes this conduct especially egregious,” Maresca wrote, adding the search was intended to “put (McPhail) in his place.”

A spokesman for the Peel police service said it will “look into” the judge’s findings.

“They’re allegations and we need to look into it,” said spokesman Sgt. Zahir Shah, adding that he is “not familiar with the nuances of the case.”

Strip searches are “inherently humiliating and degrading,” according to the Supreme Court, which has set out strict guidelines around them. Officers must have reasonable grounds to suspect the prisoner is concealing weapons or evidence; must also seek authorization from a supervisor; and keep proper records of the search.

In McPhail’s case, no records were kept and no approval was sought from a staff sergeant. In testimony that Maresca called “troubling,” one officer said McPhail was strip searched because a cellphone was found hidden in his shoe.

“(The officer) gave what can only be described as fanciful evidence of a cellphone he read about in a police bulletin that was capable of firing bullets,” she wrote.

Though one officer initially testified that McPhail was “compliant,” he later recanted and joined fellow officers in describing the young man as “cocky,” “arrogant” and “belligerent.”

“This evidence leaves the strong impression that the strip search was conducted in order to humiliate or intimidate,” McPhail, Maresca wrote.

McPhail’s lawyer, Ian Collins, said there should be a full, independent investigation into the officers’ actions. The crown attorney should also have reported what was revealed during the trial to the Peel police service, Collins said.

McPhail’s case comes to light one week after the Toronto Star reported that a paralegal is suing four Toronto police officers, the police services board and the attorney general of Canada, alleging he was strip searched and left naked in a cell for 48 minutes in the days leading up to the G20.

When are strip searches allowed?

Read full article here

“The case merits a full investigation from authorities independent of the Peel Regional Police,” said Mr. Collins, of Burrows Firm Traffic Lawyers Professional Corporation. “These police lost the conviction they sought, but there have been no other consequences. Without accountability for police misconduct, there is impunity.”

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Article:

For the second time in less than a month, a judge has set free someone charged by Peel Regional Police, and ruled that officers lied and intimidated suspects.

The double blow from the judiciary has done little to shake the police service that patrols the fast-growing cities of Brampton and Mississauga to the west of Toronto: It has no plans to investigate or discipline the rogue officers.

* Judge finds that Peel police officers falsified evidence
* Peel police officers fabricated evidence in prostitution case: judge
* Peel officer’s drug conviction leads to perjury charge against superior

Defence lawyers who regularly try cases in the area call it the latest example of a troubling and cozy relationship between the police service and the local prosecutor’s office, which has yet to wipe away the decades-old stain of a high-profile wrongful conviction.

With 1,855 officers, the Peel force ranks behind only those of Toronto, Montreal and Calgary. It watches over a sprawling melting pot of new immigrants.

“Peel is a petri dish of massive growth and bad planning,” said defence counsel Robert Rotenberg. “They are playing catch up, going from being a small town to being a big city.”

In the latest ruling, a judge found that Peel Regional police officers stripped a suspect naked to show him who was boss, and provided false testimony to conceal their misconduct.

Earlier this month, a judge found that Peel officers had misled the courts into believing that a suspected pimp, Courtney Salmon, was caught with fake documentation to identify a 17-year-old stripper as over 18.

Peel has a reputation for such hard-line law enforcement. But many officers who are criticized by judges avoid criminal charges or internal discipline because the force tends not to review their conduct unless the local Crown office requests it, which it does not always do.

“While there is no formal process, where there are issues relating to a witness officer’s testimony, the Crown may bring it to the attention of police,” said Brendan Crawley, a spokesman for the Ministry of the Attorney-General. “It is done on a case by case basis, and we do not track this.”

Attempts to contact almost a dozen senior police and police services board officials in recent days were not successful.

Read Full Article here

We defend MTO charges in Halton, Peel, and Toronto Regions of Ontario, Canada. Protect your CVOR and your Fleet Insurance rates. We are not in the business of providing consulting, training or audit services. We are Trial Lawyers and Paralegals and we defend driving charges; in fact, that is all we do. We will seek to eliminate your MTO charges or reduce them in a meaningful way. Our focus is on serving Trucking Companies and the professional drivers that they employ, to defend MTO charges. No one will fight harder to keep your CVOR in shape than we will. We are a Lawyers Office, not a paralegal company, although we do employ both Lawyers and Paralegals. Paralegals at our Firm operate under the direction and supervision of experienced Trial Lawyers. We look forward to serving your interests.

Download: CVOR table and public guideline for commercial vehicle violations.

Contact us Today

‘The Traffic Lawyers’® is a registered trademark and a phrase that cannot legally be used by any other Firm. We coined the phrase ‘Traffic Lawyers’ when we began the Firm years ago by pulling together seasoned Criminal Defence Lawyers with a unique mandate as a Criminal Defence Law Firm focussed exclusively on the defence of criminal and quasi-criminal driving offences.

Where appropriate we utilize Paralegals to assist with minor traffic offences in order reduce the cost of service for our clients. Our fixed Paralegal rates are equivalent to those at Paralegal Companies, but at our Firm the file still remains under the direction and supervision of an experienced Trial Lawyer (at no extra charge). We believe that this makes us the clear choice, not only if the case warrants a Lawyer, but also in the case of a minor Traffic Ticket.

No matter how serious the charge, we have Lawyers to handle the case in-house. We are one of the few Lawyers’ Offices in the Province of Ontario with a practice dedicated exclusively to driving offences under the Criminal Code of Canada and the Highway Traffic Act of Ontario.

Our clients are often first time offenders; people who would not normally find themselves in conflict with the Justice System – ‘good people’ who have either made a bad decision or who, as a result of an error in judgement or an unfortunate set of circumstances, find themselves in an unfamiliar situation facing a prosecution. Most people retain our Office to try to avoid convictions, but also to avoid insurance increases and the other penalties associated with driving offence convictions.

If you have been charged with any driving offence in Oakville, Burlington, Milton, Mississauga or downtown Toronto, or a Careless Driving Offence anywhere in Ontario, please don’t hesitate to call us today for a free consultation – we are here to assist!

If there is a way to eliminate or reduce your charge, we will find it!

Every case is different, but the ramifications of a conviction are always dramatic and the cost of hiring proper representation is generally minor when compared to the costs that you might be facing…

“A big thanks for helping me… It was very reassuring to have the support of a firm that knows how to navigate the system.”*

Jane L, Toronto

• This is a very unique area of law;
• A legal opinion on a criminal driving charge requires the considered advice of a professional Lawyer, there are no exceptions.
• We offer free consultations, so that you will have absolutely nothing to lose by talking to us.
• After hearing your version and reviewing all of the disclosure, we will do our very best to lay out your options and the likelihood of success at trial.
• Whether you think that you are guilty or innocent, it is absolutely critical that you talk to a Lawyer before making a decision, or entering a plea.
• You will not be penalized for having Counsel with you in Court and you will not get credit for taking responsibility quickly without the assistance of a Lawyer.
• We will provide you with a quote for a fixed fee so you will know exactly what representation will cost; with no surprises.

Good people, make mistakes. In fact, most people charged with Impaired Driving are otherwise law abiding, honest people who unexpectedly find themselves in unfamiliar surroundings, facing a very difficult charge.

You should not assume that you are guilty just because you have been charged and you should not feel that you are morally obligated to plead guilty at the first opportunity in order to take responsibility for your actions. This is definitely one of the most serious decisions that you will ever have to make in your lifetime and you absolutely do need to speak to a Lawyer before deciding what to do.

We are certainly not advocating drinking and driving, but the reality is that it is actually legal to drink and drive in the Province of Ontario. The problem is that at some point legal behaviour can cross over a threshold into illegal behaviour and unfortunately there is no practical way of knowing with precision exactly when one has crossed that line. In addition, judgement becomes impaired as alcohol is consumed and the result, all too often, is that otherwise law abiding citizens find themselves in trouble with the law and facing an Impaired Driving or Over 80 charge.

The penalties for drinking and driving are severe and result in mandatory fines and automatic license suspensions. While custody would be extremely unusual for a first time offender, absent exceptional circumstances, jail time is automatic for subsequent offences. One’s ability to cross borders or to hold a job can be permanently compromised. Insurance rate increases can amount to tens of thousands of dollars.

This is not the time to choose your legal representation based on the lowest bidder; you need the best defence possible and the professional assistance of a Trial Lawyer that defends Impaired Driving charges for a living.

Whether you think that you’re guilty or innocent, we would like to invite you to visit our office to meet with us in person; but please call first, since meetings are by appointment only. Our Lawyers deal exclusively with Driving Offences and we will do our very best to determine whether your charge can be eliminated or reduced. The initial consultation is always free, so you have absolutely nothing to lose.

You will find us to be very understanding and professional. We are not here to judge you; we are here to help you. When everything seems to be unravelling, you absolutely do need a professional in your corner and one that has your best interests at heart. So, give us a call and ask to schedule your free half hour consultation, not with a paralegal, but with a real experienced Trial Lawyer.

We will do everything possible to assist you.

*Past results are not necessarily indicative of future outcomes which will vary according to the facts of each case.

Attorney General Chris Bentley said the province doesn’t believe the law goes against the Charter of Rights and Freedoms.

“From time to time you get decisions that are ones that you wish to appeal, and we’ll be seeking leave to appeal this one,” he said, calling the legislation an important public safety initiative.

“It’s important that people understand that in the meantime, the provisions are still in effect and the police can still lay charges,” Bentley said.

Judge G.J. Griffin of Napanee, Ont., overturned the stunt-driving conviction of Jane Raham, a 62-year-old grandmother from Oakville, who was charged with stunt-driving for going more than 50 kilometres an hour above the speed limit while passing a tractor trailer.

Raham had testified that she had sped up to pass a tractor trailer, when she was clocked going 131 kilometres an hour in an 80-kilometre zone.

“I didn’t feel such a severe punishment should be brought down on me for that amount of speeding for just a few seconds as I passed the truck and I was totally in shock because they were being so harsh,” Raham told reporters.

Griffin said in his ruling that he overturned the conviction because under the absolute liability law, once the offence is proven by facts, the accused can’t bring forward a defence.

Under the stunt-driving law, a speeder can be jailed for up to six months without being able to fight it in court. Judge Griffin ruled that convicting someone who is “morally blameless” for an offence that carries a jail sentence is a breach of the Charter.

Click here to read the full article at CBC News

s.130 Careless Driving Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her license or permit may be suspended for a period of not more than two years. R.S.O. 1990, c. H.8, s. 130.

It is important (as with any accident charge) to make detailed notes as soon as possible after the incident. Please don’t forget to bring them with you when you attend the office for your free consultation. Coming to see us is absolutely the right thing to do.
Excerpt

“… I was amazed how efficiently and quickly my case was dealt with. I went from worrying about my license, to a complete withdrawal of all charges! Fantastic!”*
Andy T., Toronto

Car accidents can happen at any place and at any time. Many will result in careless driving charges. Careless driving carries 6 demerits and can in many circumstances result in the loss of insurance coverage. Many careless driving charges should never have been laid in the first place. Contributing factors may include road conditions or errors in judgement or momentary inadvertence. The good news is that most careless driving charges can either be defended completely or reduced to a minor offence, which in either case will result in substantial savings from an insurance perspective. Careless driving can indeed be beaten but it is not a traffic charge that should be taken lightly. Careless driving is the #1 traffic charge that we defend. We are the only firm of our kind in Ontario and we will take good care of you.

We generally only assign Lawyers to attend to careless driving trials. While we do employ both lawyers and paralegals, we believe that the significance of the charge and the legal analysis required for a proper defence demand the skills of a professional Trial Lawyer for careless driving tickets. Paralegals do not attend Law School and while we certainly respect the skills of the paralegals that we employ, we would strongly prefer to assign a lawyer to any case where the charge is careless driving, or one of the more serious charges under the highway traffic act or criminal code.

We charge fees comparable with the industry, but we always offer free consultations. Anyone charged with careless driving will find the Lawyers in our Firm to be very understanding and very professional. If you find yourself facing a careless driving charge call us immediately to book a free consultation. Our first objective is always first to seek to eliminate a careless driving charge completely. The fall back position is to consider negotiation and reduction from careless driving to a more minor offence. If for some reason neither option is possible, then a full trial may need to be conducted and we will be pleased to provide you with an assessment and legal opinion regarding your prospects in relation to your careless driving ticket. No one will fight harder to defend you than our Firm.

We know that facing a careless driving charge and a possible court proceeding can be a frightening prospect, even for someone who believes wholeheartedly in their own innocence. It is very important to let us manage a careless driving case from the very beginning as errors made early in procedure or in negotiation can be difficult or impossible to undo. Many people have hired an agent or undertaken their own defence and plead guilty to a lower charge thinking they have been successful. Often a full defence to the careless driving charge could have been successfully mounted. There are many potential defenses to careless driving charges.

If you are facing a careless driving charge in Ontario, let us help you. Call us today at (905) 847-2777; (416) 733-2200; or 1-877-733-2203 to schedule a free in-office appointment. Or, ask us about your careless driving charge and potential defenses via our online consultation form (go to contact page). Please do not plead guilty to careless driving without checking with us first. Careless driving is one of the most serious charges under the highway traffic act but we deal with them everyday. We are The Traffic Lawyers and we know Careless Driving charges.

*Past results are not necessarily indicative of future outcomes which will vary according to the facts of each case.

If there is a way to eliminate or reduce your charge, we will find it!

Every case is different, but the ramifications of a conviction are always dramatic and the cost of hiring proper representation is generally minor when compared to the costs that you might be facing…

“A big thanks for helping me… It was very reassuring to have the support of a firm that knows how to navigate the system.”*

Jane L, Toronto

• This is a very unique area of law;
• A legal opinion on a criminal driving charge requires the considered advice of a professional Lawyer, there are no exceptions.
• We offer free consultations, so that you will have absolutely nothing to lose by talking to us.
• After hearing your version and reviewing all of the disclosure, we will do our very best to lay out your options and the likelihood of success at trial.
• Whether you think that you are guilty or innocent, it is absolutely critical that you talk to a Lawyer before making a decision, or entering a plea.
• You will not be penalized for having Counsel with you in Court and you will not get credit for taking responsibility quickly without the assistance of a Lawyer.
• We will provide you with a quote for a fixed fee so you will know exactly what representation will cost; with no surprises.

Good people, make mistakes. In fact, most people charged with Impaired Driving are otherwise law abiding, honest people who unexpectedly find themselves in unfamiliar surroundings, facing a very difficult charge.

You should not assume that you are guilty just because you have been charged and you should not feel that you are morally obligated to plead guilty at the first opportunity in order to take responsibility for your actions. This is definitely one of the most serious decisions that you will ever have to make in your lifetime and you absolutely do need to speak to a Lawyer before deciding what to do.

We are certainly not advocating drinking and driving, but the reality is that it is actually legal to drink and drive in the Province of Ontario. The problem is that at some point legal behaviour can cross over a threshold into illegal behaviour and unfortunately there is no practical way of knowing with precision exactly when one has crossed that line. In addition, judgement becomes impaired as alcohol is consumed and the result, all too often, is that otherwise law abiding citizens find themselves in trouble with the law and facing an Impaired Driving or Over 80 charge.

The penalties for drinking and driving are severe and result in mandatory fines and automatic license suspensions. While custody would be extremely unusual for a first time offender, absent exceptional circumstances, jail time is automatic for subsequent offences. One’s ability to cross borders or to hold a job can be permanently compromised. Insurance rate increases can amount to tens of thousands of dollars.

This is not the time to choose your legal representation based on the lowest bidder; you need the best defence possible and the professional assistance of a Trial Lawyer that defends Impaired Driving charges for a living.

Whether you think that you’re guilty or innocent, we would like to invite you to visit our office to meet with us in person; but please call first, since meetings are by appointment only. Our Lawyers deal exclusively with Driving Offences and we will do our very best to determine whether your charge can be eliminated or reduced. The initial consultation is always free, so you have absolutely nothing to lose.

You will find us to be very understanding and professional. We are not here to judge you; we are here to help you. When everything seems to be unravelling, you absolutely do need a professional in your corner and one that has your best interests at heart. So, give us a call and ask to schedule your free half hour consultation, not with a paralegal, but with a real experienced Trial Lawyer.

We will do everything possible to assist you.

*Past results are not necessarily indicative of future outcomes which will vary according to the facts of each case.