The defendant was charged with Over 80. Partway through the trial, I was able to convince the prosecutor that he faced some significant difficulties in proving the case against the defendant. Specifically, I pointed out that the evidence would likely fall short of establishing, beyond a reasonable doubt, that the defendant’s blood alcohol level was above the legal limit at the time of driving even though he was above the legal limit at the time he provided breath samples. The prosecutor allowed the defendant to plead guilty to the Highway Traffic Act offence of Careless Driving for a fine. The prosecutor then withdrew the criminal charge. As a result, the defendant avoided a criminal record and a licence suspension.
