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Criminal charge of Over 80 – operating a motor vehicle with more than the legal limit of alcohol in his body – withdrawn when client pleads to a Highway Traffic Act violation of careless driving. Client hired Christopher Assie. The client was stopped as a result of a 911 call regarding a ‘suspicious’ vehicle. The police attended and investigated the client. He failed a roadside approved screening device and was arrested. At the station he blew over the legal limit. There were a number of constitutional issues regarding the grounds the police had to stop the client and investigate him. By pointing out the legal issues that could potentially lead to the prosecutor losing the case, the prosecutor agreed to allow the client to plead to the Highway Traffic Act violation of careless driving. The Crown withdrew the charge of operating a motor vehicle with more than the legal limit. The client was permitted to continue driving.
