Thursday, Feb 25,2016
Impaired Case won because of Spousal Non-Compellability

Avtar Bhangal conducted an impaired driving case where the key Crown witness was the accused wife.  On the day of the charge, she told the police that her husband arrived home drunk and was driving his car.  She was concerned at the time for his own safety, and didn’t realize that she was providing the police with the key piece of evidence to prosecute him.  However, at trial I had spoken the wife and advised her that she wasn’t a compellable witness.  Which means she need not testify against her husband (note: the Rule against compelling a spouse to testify against her husband – does not apply in domestic assault charges).  As a result, the Judge agreed that she couldn’t be forced to testify.  Without her evidence, the Crown was unable to prove that my client actually drove his car.  The charges were dismissed.

As a Mississauga Criminal Lawyer, Avtar Bhangal was able to thoroughly prepare for the trial and present the best possible Defence for his client.  Mr. Bhangal is fluent in speaking Punjabi and as a Punajbi Criminal Lawyer was able to keep the client fully and properly informed.


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