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.