The defendant was charged with Impaired Care or Control of a motor vehicle and Over 80 Care or Control of a motor vehicle. The police had come upon the scene after the defendant had put his vehicle into a ditch in the middle of winter. The Crown would have had difficulty proving the case because there was evidence of the defendant consuming alcohol after he was no longer driving the vehicle. As a result, the defendant was allowed to plead guilty to the minor Highway Traffic Act offence of Failing to Drive in a Marked Lane as well as the Liquor Licence offence of Having Liquor Readily Available in a Motor Vehicle. He received fines for these two offences and no licence suspension. The criminal charges were withdrawn thus avoiding a criminal record for the defendant.
