The defendant wash charged with Over 80. The matter had begun on a previous day. All the evidence was led and I concluded my submissions. The case was adjourned for the purposes of allowing the Crown to make his reply submissions. Prior to making his submissions, the prosecutor contacted me and was prepared to offer a resolution whereby he would not proceed with the Over 80 charge and instead, the defendant was allowed to plead guilty to Careless Driving under the Highway Traffic Act. He was put on probation for nine months the first six of which he was only allowed to drive for work purposes. This resolution allowed the defendant to continue working and it also avoided a criminal record for him. The prosecutor agreed to this resolution because of concerns he had regarding technical defences that I raised during my closing submissions.
