The defendant was charged with Impaired Driving and Over 80. A Crown witness testified that our client lost control of his car and collided with a stationary object, causing thousands of dollars of damage to property. At the conclusion of the Crown’s case, and following cross-examination of the police witnesses, the Crown chose to withdraw the Over 80 charge in light of several manifest breaches of the defendant’s constitutional rights. The case then proceeded to judgement and the defendant was acquitted of impaired driving as well. This case represents an instance where Crown policy against meaningful plea negotiations resulted in total victory for the defence and is an object lesson in why our clients rarely plead guilty to a DUI charge.
