Erec Rolfe, Defence Lawyer
Erec Rolfe, Defence Lawyer

R v. E.P. Client Acquitted of All Counts Following Multi-Vehicle Pileup on Don Valley Parkway

Charges: Criminal Negligence Causing Bodily Harm, Dangerous Driving, Impaired Driving

Results: Client acquitted on all counts

 

E.P.'s transport truck jacnkifed while travelling southbound on the Don Valley Parkway.  The truck crosses three lanes of traffic and crashed into the bridge supports for the overpass.  The DVP was closed in both directions.  Two other vehicles crashed into the truck, and E.P.'s passenger was ejected from the vehicle, sustaining injuries.

 

The trial heard that E.P. had smoked marijuana prior to the accident. He was charged with Criminal Negligence Causing Bodily Harm (which carries up to a 14 year prison sentence), Dangerous Driving and Impaired Driving.

 

The prosecutions case consisted of a Toronto Police Accident Reconstructionist, a toxicologist, the victim and witnesses to the accident.

 

At trial, Mr. Rolfe carefully broke down the prosecution's case.  Upon reviewing the Accident Reconstruction Report and hearing the reconstructionist's evidence at trial, Mr. Rolfe located two critical mathematical errors.  He successfully cross examined the reconstructionist who, at first refused to acknowldge any mistakes, but later agreed that he ahd made the errors.  With those errors, the court not place any reliance on the reconstructionist's opinion.  Mr. argued that court was only left with evidence that a horrific accident had occured, but the prosecution had not proved any criminal worngdoing on the part of E.P.  The court agreed.

 

Regarding the impaired driving charge, Mr. Rolfe elicited inconsistencies from witnesses regarding when E.P. had smoked marijuana, resulting in doubt regarding whether E.P. was impaired by the marijuana at the time of the collission.  

 

E.P. was acquitted on all counts. 

 

Court of Appeal Overturns Conviction Dangerous Driving - Spring 2016

Charges: Dangerous Driving

Results: Client's conviction overturned

 

FB was convicted of dangerous driving following an incident in Simco County.  Mr. Rolfe represented him at the Court of Appeal for Ontario.  Mr. Rolfe argued that the evidence at trial was insufficient for the trial judge to determine precisely what the FB's driving conduct was and, accordingly, the finding that the conduct was dangerous was an unreasonable one.  The Court of Appeal unanimously agreed: the conviction was overturned and an acquittal was entered.

 

Charges of Dangerous Driving and Leaving the Scene withdrawn by Prosecution

Charges: Dangerous Driving, Leaving the Scene of an Accident

Results: Charges withdrawn.

 

D.R. was charged with Dangerous Driving and Leaving the Scene of an Accident following a fiery crash after a police chase in Scarborough.  The story was covered by the media here.  Following a thorough review of the Crown's disclosure, Mr. Rolfe was able to raise doubt about his client's guilt.  He approached the Crown, who agreed and withdrew the charges.  

R v. D.C. Crown Drops Impaired Driving Charges down to Careless Driving

Charges: Impaired driving, Over 80

Result: Crown drops "Over 80" and Impaired driving charges for plea to careless driving.

 

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