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Case studyEvidence review

Over 80 with collision

An Over-80 file complicated by a collision — where the criminal, civil, and insurance tracks all run in parallel.

Superior CourtOngoingPractice area: Impaired Driving & DUI
Background

The situation

The charge arose out of a collision. Blood samples were taken at the hospital and later obtained by the police under warrant. The alleged reading was over the legal limit.

Collision-accompanied Over-80 files are their own species. The evidentiary picture is broader — accident reconstruction, hospital records, warrant material — and the civil exposure runs alongside the criminal case.

Legal question

What the case turned on

Whether the blood-sample warrant material met the required standard and whether the continuity of the sample from the hospital to the analysis was documented.

Whether the accident-reconstruction evidence supported the impaired-driving inference the Crown was drawing, or whether other explanations for the collision were on the record.

Approach

How the file was worked

Full request for the warrant material and the hospital chart.

Independent review of the accident-reconstruction file and the assumptions built into it.

Coordination with the client's civil counsel so nothing done in the criminal file compromised the civil defence, and vice versa.

Key considerations

Legal issues in play

  • The specific evidentiary rules for blood-sample warrants under the current Code.
  • Continuity of the sample from draw through analysis.
  • Accident-reconstruction assumptions and the alternatives the record actually supports.
  • Civil liability, insurance-coverage denials, and the interaction with the criminal proceeding.
What it means

For similar matters

A collision-accompanied DUI is not a bigger version of an ordinary DUI. It is a different file with different evidence and different downstream stakes.

Saggi Law Firm handles these files with the accident-reconstruction and the civil / insurance picture in view.

A note on this studyThis piece describes the defence approach in a representative file of this kind. Nothing in it guarantees a particular result. Outcomes depend on the specific facts, the disclosure, and the applicable law in each individual case.
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