The defendant was charged with Impaired Driving and Over 80. I was able to persuade the Crown that there was evidence the police had infringed the defendant’s right to counsel at the roadside prior to bringing him to the police station for breath tests. As a result, the Crown allowed the defendant to plead guilty to Careless Driving under the Highway Traffic Act for a fine and no suspension. The criminal charges were then withdrawn thus avoiding a criminal record for the defendant.
