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Charges of impaired driving, Over 80 and possession of marijuana, all withdrawn in the Ontario Court of Justice, Newmarket. The client was charged with operating while impaired by alcohol and possession as he was found to possess remnants of several joints. The readings were rather low, and in defence, Joseph Neuberger, defence lawyer for P.R., drafted a Constitutional Challenge to the new “evidence to the contrary” provision of the Criminal Code along with a detailed disclosure motion for extensive records of the maintenance history of the intoxilyzer breath machine used to obtain the readings from P.R. In order to avoid the Constitutional challenge, P.R. plead guilty to careless driving under the Highway Traffic Act and all criminal charges were withdrawn.
