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Charge of Over 80 withdrawn just prior to trial in the Ontario Court of Justice. The charge occurred in July of 2007. The readings were 120 mgs, and 121 mgs. A defence was brought challenging the readings based upon an “evidence to the contrary” defence. The law regarding the defence was changed in 2008. As a result, defence counsel Joseph Neuberger brought a Constitutional challenge to the new legislation. After many months, and years of litigation, the charge was withdrawn on the basis of a plea of guilty to a charge of careless driving under the Highway Traffic Act.
