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BM was charged with impaired operation of a motor vehicle by a drug. He was a young member of the military when he was stopped by the military police for suspected impaired operation of a motor vehicle by having consumed marihuana. The investigating officer conducted a standardized field sobriety test on BM and concluded that his ability to drive was impaired. BM’s licence was suspended immediately for 90 days pursuant to Ministry of Transportation regulations. Three weeks after he was initially charged with his criminal charges, he was caught driving and charged under the Highway Traffic Act with driving while disqualified. BM retained Christopher Assie of Neuberger & Partners LLP to defend him against both sets of charges. BM was very concerned because a criminal conviction may end of his military career. Furthermore, he lived in an area that required that he be able to drive. A careful review of the disclosure for the impaired by drug charge revealed that the investigating officer conducted the standardized field sobriety test improperly. Mr. Assie was able to demonstrate to the prosecutor the mistakes the officer did while administering the test. The prosecutor recognized that there was no reasonable prospect of conviction and withdrew the criminal charges. Once the criminal charges were withdrawn, Mr. Assie approached the prosecutor who was dealing with the Highway Traffic Act prosecution and convinced her that it was not in the public interest to prosecute a young man for driving while disqualified when the reason he was disqualified was because of a charge that should never have been laid. The prosecutor agreed to withdraw the charge.
