The defendant was charged with Impaired and Over 80. I served a motion on the Crown in advance of the trial which included an argument that her constitutional right to be free from unreasonable search and seizure had been infringed in this case. I was able to persuade the prosecutor that my argument had a genuine chance of succeeding. As a result, the prosecutor agreed to withdraw the criminal charges and instead, my client pled guilty to Careless Driving under the Highway Traffic Act. For 3 months she was only allowed to drive for work purposes. She also had to pay a fine. This resolution avoided a criminal record for her which was quite important because of her young age.
