The defendant was charged with Impaired Driving, Over 80 and Assault Police. The defendant was observed at a fast food drive thru by staff who called the police believing the defendant was impaired. Police attended at the defendant’s residence and had dealings with him in his backyard. The defendant then entered his residence and was followed by police who arrested the defendant for Impaired Driving at which point a scuffle ensued between the defendant and several police officers. I served a constitutional application on the prosecution alleging that police had no grounds to enter the defendant’s residence. After lengthy negotiations with the prosecution, a resolution was worked out whereby both theImpaired and Over 80 charges were withdrawn by the Crown. The Crown further agreed to allow the defendant to plead guilty to simple Assault rather than Assault Police for which he received a conditional discharge which is not considered a criminal conviction in law.
