Client D.B was charged with Drive Disqualified, Fail to Appear, Possession for the Purpose of Trafficking Cocaine, and Trafficking Cocaine. It is alleged that the client was driving a motor vehicle that appeared to be a suspect vehicle in various mischief offences and was stopped by a traffic stop conducted by Peel Regional Police. D.B had revealed a driver’s license which the date of birth was scratched out and it was upon police investigation the client had been a disqualified driver for 10 years.
It was later alleged the client was driving at a high rate of speed in the City of Brampton and Peel Regional Police stopped the client at the corner of the street. Upon investigating the client, the officer smelt a strong odour of marijuana and observed the client with a bulky item in his pocket. The client complied, removed the item out of his pocket and was identified as a green leafy substance believed to be marijuana. The client advised the officer there was cocaine in the vehicle on the floor of the passenger side in a white sock. The police investigated the item in the sock and confirmed it was cocaine. The client was subsequently arrested for possession of a controlled substance.
The client was expected to be appear in court for his charges, however D.B failed to do so and a warrant was issued for his arrest. An officer arrived to the last known address of the accused advised him of his charge, and was placed under arrest for Failure to Appear.
After reviewing the case and applicable law, Mr. Batasar alerted the the Crown and the Judge about the inconsistencies and violations in the evidence against D.B. Mr. Batasar argued that the conduct of the police search was illegal and brought forward a successful Charter challenge, which the Crown agreed to withdrawing some of D.B charges. Mr. Batasar convinced the Crown to agree on a separate charge of Possession for the Purpose of Cocaine which was not subject to the Charter challenge, to proceed with a Simple Possession withdrawing all other trafficking charges, and receive a $1000 fine avoiding a Penitentiary Sentence. The client was very happy with the outcome because it spared him a longer time in jail which would keep him away from his family.