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Charge of Over 80 withdrawn prior to setting a trial date. C.H. was stopped by police immediately after leaving Moxie’s Grill and Bar, and was arrested for Over 80. His breath test readings were 114mg and 121mg; rising. Joseph Neuberger interviewed both the client and independently his friend who was with him at the restaurant. The client had only been at the restaurant for 50 minutes and consumed a quantity of alcohol that definitely gave rise to a “Last Drink” defence. C.H. had been on his way home and his residence was a short ten minute drive from the restaurant. Joseph Neuberger retained an expert toxicologist and based upon the independent evidence a report was produced confirming the defence. Given the readings and a good driving record, the Crown agreed for C.H. to plead guilty to a charge of Careless Driving under the Highway Traffic Act and the criminal charge of Over 80 was withdrawn.
