Impaired Driving Charges Reduced to Careless Driving – No Criminal Record

Posted in Criminal Driving Cases, Impaired Driving, Over 80

My client was charged with Impaired Driving and Over 80. The allegations included high breath test results and what was described as very bad driving. At trial, after the crown had completed their case and I had cross-examined the officers, it was revealed that a video taken of my client at the police station had been recorded but not disclosed to me despite my previous requests.  Furthermore, in my cross-examination of the witness who observed the driving, it was revealed that the driving was not as bad as the allegations had suggested and that the reliability and credibility of this witness was questionable. Finally, I caught on to a technical defect in the breath technician’s evidence that would have resulted in a conviction on the Over 80 charge being an impossibility. Ultimately, the Crown agreed to my client pleading guilty to Careless Driving under the HTA and thus avoiding a criminal record and the serious consequences that accompany a drinking and driving conviction.