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The client was charged with Dangerous Driving and Refuse Breath Sample as a result of an incident in York Region. Neuberger & Partners filed a Notice of Charter Application before a trial date was set to exclude the Breath refusal based on a violation of the client’s rights to counsel. Neuberger & Partners also provided the Crown with civilian witness statements which the York Regional Police failed to investigate, and which cast doubt on the Dangerous Driving charge. As a result, the client pleaded guilty to careless driving under the Highway Traffic Act and the criminal charges were withdrawn.
