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Charges of Impaired Driving, Over 80 and G2 Licence violation with alcohol over zero, all withdrawn in the Ontario Court of Justice. The client was charged as having the care and control of his motor vehicle in spite of the fact that when the investigating police officer arrived a friend of the client was in the driver’s seat with the key in the ignition. After careful review by defence counsel Joseph Neuberger of the in-car video, the defence was able to establish that the officer lacked sufficient grounds to arrest A.M., and in fact lacked any time of driving for which A.M. could have been alleged to have had care and control. Further, there was sufficient evidence to establish that the person in the driver’s seat was the one in care and control. As such, all charges were withdrawn.
