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Charge of Over 80 withdrawn prior to trial in the Ontario Court of Justice. Defence lawyer Joseph Neuberger advanced a Constitutional challenge to the “evidence to the contrary” provision of the Criminal Code, recently amended by Bill C-2, in July of 2008. A detailed Affidavit was developed by the defence along with a detailed disclosure motion. As a result of the defence challenge to the new law and the low readings, the charge was withdrawn in favour of a plea to careless driving under s. 130 of the Highway Traffic Act.
