The defendant was charged with Over 80. I argued at trial that the arresting officer failed to take the necessary steps to ensure that the roadside breathalyzer would render a reliable result. In a not-so-subtle admonition to the Prosecutor, the trial judge suggested a deal be struck. The Prosecutor agreed to withdraw the charge upon the defendant entering a guilty plea to the Highway Traffic Act charge of Careless Driving. He was required to pay a fine but did not lose his licence nor did he leave the court with a criminal record.
