The defendant was charged with Over 80. During the trial, several cracks started forming in the Crown’s case including evidence of a video that had not been disclosed to the defence and some strong suggestion that the defendant’s constitutional rights had been infringed. Instead of risking an outright dismissal of the charge, the Prosecutor agreed to a resolution whereby the Over 80 charge was dismissed in exchange for the Defendant pleading guilty to the Highway Traffic Act charge of Careless Driving. The defendant received a fine but no licence suspension and no criminal record.
