The defendant was charged with Over 80. The trial commenced in 2011 and was to continue on this date. Prior to the continuation date, the Crown offered a resolution whereby they wouldwithdraw the Over 80 charge and allow the defendant to plead guilty to the Highway Traffic Act offence of Careless Driving. This offer was accepted by the defendant as it allowed him to avoid a criminal conviction and also allowed him to maintain his driving privileges. The Crown made the offer because of concerns they had about whether they would be able to prove their case beyond a reasonable doubt as a result of certain technical frailties in their case.
