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    Michael A Johnston Barrister At Law

    5.0 (1 review)
    Open 9:00 am - 7:00 pm

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    Criminal defense

    Vehicular law

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    5 years ago

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    James X.P. McGillivary - Logo

    James X.P. McGillivary

    (1 review)

    I received a not guilty verdict on my DUI charge in a trial back in April of 2023 and it really is…read morea huge credit to James for what seems to me as phenomenal work in accomplishing this verdict for me. It was an accident that occurred late night 2:30 AM back in July of 2022 wherein I was driving and got caught in an accident where the front bumper was ripped off the car and the underneath of the car caught fire (radiator) causing the fire depertment to arrive in addition to the police. The police talked did smell beer on my breath and then took readings of 70 and 80 on me and then charged me with DUI (also dangerous operation). Although I was NOT impaired and highly coherent at the time, I can see how the evidence looked rather damning against me, so much so that even the claims agent from my insurance company behaved very negatively towards me. I felt like I needed a lawyer who specialized in DUIs and sure enough "impairedlaw.ca" appeared so I thought I'd give him a try. During initial arraignment - wherein I still didn't procure a lawyer at that time - I pleaded not guilty and then the judge there said I needed a lawyer so that's when I approached James. In November he had an initial meeting with the crown and judge to try to get them to drop or at least to reduce the charges (to possibly careless driving or something non-criminal) but before that he did warn me that it was going to be with a judge who was very tough on such cases and so after the meeting he informed me that his attempts did not succeed and they decided to proceed with taking me to trial which was scheduled to occur in the spring of the following year (at that time). He followed up with me the following (last) January and then informed me of my impending trial date in April (today) and scheduled for us to meet in person (for the first time) a couple of weeks before that. So during that meeting (before that the only contact was over the phone) he pulled out stacks of sheets of evidence and testimonies from the crown as well as a toxicology report against me and slammed them on the desk and stated to me that he had a "game plan" , believing that I had a 75% chance at the time of a not guilty verdict. The crown did have a seemingly pretty tough case including 5 witnesses as well as a toxicology forensics expert so despite his confidence it was still very difficult for me to feel to optimistic. However, during the trial he did a great job cross-examining each testimony sufficiently to generate sufficient reasonable doubt for the judge to warrant the verdict, including (but not restricted to) citing prior related cases as well as being able to even refute the scientific evidence from the toxicology expert that the crown had used as a witness as well. For each witness the questioning he did was awesome, "surgical" really. During a 15 minute break before the last witness (the toxicology expert) was presented by the crown he felt our chances improved from 75% to around 90%. To me it didn't seem so obviously "hopeful' because the crown was pretty tough with the gargantuan amount of evidence they presented. But still after the way he cross-examined each witness as well as the toxicology expert and then especially after the closing arguments (wherein he cited prior precedents as well that I noticed raise the judge's eyebrow) it did become clearer to me that I "had a chance for not guilty", and one then finally after a 2 hour break before reconvening for the judge's verdict I already felt that even if I was found guilty (which incidentally would be untrue because again I was not impaired at the time just saying) I had no regrets going with him regardless (I had already decided this and said I'd buy him dinner if I got not guilty just as a bonus which I did offer but he didn't take it). The not guilty verdict was awesome for me even if it came out guilty I firmly believe no one else could have put me in a better position to succeed in this trial (by orders of magnitude, really). It really was like an law&order episode right before my eyes. Thank you very much Mr.McGillivary!

    From the owner: James X.P. McGillivary is a sole practitioner Criminal Lawyer who's practice is exclusively centred…read moreon the area of Impaired and "Over 80" driving offences. Mr. McGillivary has been practising Criminal Law since being called to the bar in 1988. He is routinely invited to lecture on impaired driving law at Judicial Conferences, law school functions, and media events. Mr. McGillivary's practice extends to the following areas: Ottawa, Cornwall, L'Orignal, Brockville, Kemptville, Morrisburg, Kingston, Napanee, Perth, Renfrew, Pembroke and Alexandria. Please contact our office either by phone or email regarding your questions or to arrange a free consultation to discuss your case.

    Michael A Johnston Barrister At Law - duilawyers - Updated July 2026

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