The defendant was charged with Over 80. I was able to persuade the Crown that they may have difficulty proving their case because of a reasonably lengthy delay that occurred prior to the police administering the roadside test. The Crown agreed to withdraw the Over 80 charge and instead allowed the defendant to plead guilty to Careless Driving under the Highway Traffic Act. The defendant was put on a 6 month Provincial Offences probation order where he could operate his motor vehicle for work purposes only. After the expiration of the 6 months, this limitation on his driving privileges would come to an end. As a result, the defendant avoided a criminal conviction and was allowed to keep his employment which required him to maintain his ability to drive.
