The defendant has originally been charged with Refusing to provide a sample into a breathalyzer. He was convicted at trial. The decision was appealed and a new trial was ordered. Rather than go through a trial again, the Crown agreed to withdraw the charge if the defendant plead guilty to the Highway Traffic Act offence of Careless Driving. The defendant had to pay a fine and was put on probation where his driving privileges were limited to work and school purposes for a period of one year. This resolution avoided a criminal record for the defendant.
