The defendant was charged with Over 80. The charge was originally dismissed on an extremely technical issue related to the sufficiency of the charging document. The prosecution challenged this finding before another judge and succeeded in having the matter brought before the trial court a second time. However, rather than proceeding a second time on the Over 80 charge, the prosecution allowed the defendant to plead guilty to Careless Driving under the Highway Traffic Act for a fine and no suspension of the defendant’s driving privileges and avoided a criminal record.
