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Charges of Dangerous Driving and Refuse to Provide Breath Sample withdrawn in the Ontario Court of Justice, Newmarket. Defence lawyer Joseph Neuberger was able to establish that the pattern of driving was not consistent with “dangerous driving” as set out in the relevant case law but was more closely related to the type of driving indicative of a careless driving charge under the Highway Traffic Act. Further, there were issues related to the reasonableness of the demand for the breath sample. As a result, the client plead guilty to one count of careless driving under the Highway Traffic Act and the criminal charges of Dangerous Driving and Refuse Breath Sample were withdrawn.
