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Charge of Over 80 withdrawn prior to trial in the Ontario Court of Justice. Defence lawyer Joseph Neuberger brought a disclosure request for extensive records of the Intoxylizer 8000C used in the taking of the breath samples. As a result of disclosure, an error had been discovered that was not previously disclosed which affected the accuracy of the readings. In addition, the defence was going to include a Constitutional challenge to the newly drafted “evidence to the contrary” defence. Consequently, the charge was withdrawn prior to trial in favour of a resolution by way of a careless driving charge under the Highway Traffic Act.
