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Charges of Over 80 and impaired driving withdrawn in the Ontario Court of Justice prior to the commencement of trial. The readings were taken some 42 minutes after the arrest. There was no apparent reason justifying the delay. In addition, there were insufficient grounds for the investigating officer to make the initial arrest and demand for the breath sample. Defence lawyer Joseph Neuberger brought a Charter Application on behalf of the client alleging violations of sections 7, 8 and 9 of the Charter. After reviewing the defence material, the Crown agreed that there were Charter breaches and as such there was no reasonable prospect of conviction. All charges were therefore withdrawn.
