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Charge of Over 80 withdrawn at the start of trial. The client was stopped by police just as he was leaving the restaurant where he had been with friends. At the police station his readings were rising. Defence lawyer Joseph Neuberger interviewed two of the client’s friends and based upon the pattern of drinking, Mr. Neuberger retained an expert toxicologist to determine if there was a “Last Drink Defence” available. The expert determined that the defence was available. As such a two day trial was set. The client unfortunately contracted a serious illness prior to trial that affected his cognitive functioning and a motion was brought by Joseph Neuberger to stay the charges due to permanent medical issues. The Crown conceded the issue but a resolution was reached for the client to plead guilty to a charge of careless driving under the Highway Traffic Act and the criminal charge of Over 80 was withdrawn.
