The Top Criminal Lawyer is not Necessarily the Best DWI Lawyer

That is why when one of Canada’s top criminal and most famous lawyers, Eddie Greenspan, appeared at Newmarket court to defend an over 80 and impaired driving charge, a buzz went through the courthouse. And it was for my case! It turns out that Eddie Greenspan agreed to take this case for a neighbour who was charged. Everyone was curious to see how the legendary criminal lawyer would handle a routine impaired driving matter.

The key question was: would he perform like a skilled DWI lawyer or would his lack of specific expertise show?

I think the original strategy was to intimidate the busy and distracted crown attorney into accepting a careless driving plea rather than the criminal over 80 charge. That is often the goal of a high-profile lawyer – use reputation to secure a plea deal without a trial. But to the crown’s credit, he decided not to accept the plea bargain and to go to trial. The courtroom was packed.

I was expecting a cuttingly brilliant, sharp cross-examination from such a famous criminal lawyer. Instead, I was disappointed. It was obvious that Eddie was out of his depth in the highly technical nature of impaired driving offences. His assistant seated beside him provided him with whispered details for his questioning as follows:

“And so Mr. (wigmore) Wigmore, you say that my client had a BAC of (150 to 170 mg/100mL), 150 to 170 mg/100mL at (2:45 a.m.), 2:45 a.m. and that (his ability to operate a motor vehicle was impaired), his ability to operate a motor vehicle was impaired?”

He repeated every number and phrase twice, as if reading from notes he did not understand. A skilled DWI lawyer knows how to challenge forensic evidence, how to question elimination rates, how to attack breathalyzer calibration. Eddie Greenspan did none of that. He simply echoed my own words back at me.

It was one of the most embarrassing cross-examinations that I experienced in my 50-year career in forensic toxicology. Fortunately, it ended quickly. After a brief recess, they pled guilty to a charge of impaired driving. The legendary DWI lawyer had failed to mount any meaningful defence.

A good DWI lawyer is not necessarily the one with the most famous clients or the highest profile. A good DWI lawyer is someone who:

• Understands the science of breathalyzers and blood alcohol analysis
• Knows how to challenge calibration records and maintenance logs
• Can cross-examine forensic toxicologists effectively
• Understands elimination rates and back-calculations
• Reads the 300-page breathalyzer manual to find real errors, not imaginary ones

Eddie Greenspan was a titan of the Canadian bar, but he was not a specialist in impaired driving defence. That requires a different skill set.

Edward “Eddie” Leonard Greenspan, QC was one of Canada’s most famous and influential criminal defence lawyers, renowned for representing high-profile clients and fiercely advocating for civil liberties. Born in Niagara Falls, Ontario, he practiced law for over four decades out of Toronto and established himself as a titan of the Canadian bar. He passed away at the age of 70 on December 24, 2014.

Greenspan graduated from Osgoode Hall Law School in 1968 and was called to the Ontario bar in 1970. He founded the prominent Toronto firm Greenspan Partners LLP. Throughout his prolific career, he argued cases at every level of Canadian courts, including the Supreme Court of Canada. He was best known to the public for defending landmark or controversial figures including Conrad Black, Garth Drabinsky, Robert Latimer, and Helmuth Buxbaum.

But none of those cases involved breathalyzer technology or forensic alcohol toxicology. His expertise lay elsewhere – and that made all the difference in a DWI lawyer case.

I also had Eddie’s younger brother Brian as a defence lawyer in several impaired driving cases, including the Ramage case. He was much more competent and capable in these types of cases than his brother. Brian understood the science. He knew how to cross-examine effectively. He was the better DWI lawyer for impaired driving cases, even though he was less famous.

The top criminal lawyer is not always the best DWI lawyer. Choose your advocate based on their expertise, not their reputation.