The defendant was charged with Impaired Driving and Over 80. I had served notice of a constitutional issue prior to trial related to the officer’s grounds for arresting the defendant. Just prior to the trial date, the prosecutor, no doubt concerned about the viability of this argument, offered a resolution whereby the defendant was allowed to plead guilty to the lesser charge of Careless Driving under the Highway Traffic act for a fine. The criminal charges were withdrawn. As a result, the defendant avoided a criminal record and any loss of driving privileges.
