The defendant was charged with Over 80. The Crown was concerned about a number of problems with their case including time issues related to the taking of the breath samples as well as the length of time the matter had taken to get to trial. Indeed, we were prepared to argue that the defendant’s right to be tried wihtin a reasonable time had been infringed in this case. Because of the prosecutor’s concerns, an offer was made to the defendant allowing him to plead guilty to the Highway Traffic Act offence of Careless Driving for a fine and no driving suspension and the Over 80 charge was withdrawn. The defendant accepted this offer as it allowed him to avoid a criminal conviction and maintain his driving privileges.
