CASE STUDY: Over 80 and Charge Withdrawn

Police were notified with information that Mr. K was involved in an assault with his brother and left the scene intoxicated. Shortly after, Mr. K was pulled over while operating his vehicle. After making some incriminating admissions to the officers, Mr. K was asked to provide a breath sample in an approved screening device on the roadside.

Mr. K provided a fail sample after which he was arrested for operating a vehicle with a blood alcohol concentration of Over 80 and was transported to the police station to provide further samples. Once at the police station Mr. K provided two additional breath samples confirming he had a blood alcohol concentration over the legal limit.

Mr. K had some potential triable defences in his case, most notably, the defence of necessity. Mr. K did not intend to drive on the evening of the incident, he knew he will be staying with family and that he would be consuming alcohol. However, we learned that Mr. K was assaulted by his brother who continued to attack him. Mr. K was left with little choice but to make the decision to drink and drive.

Upon discussing the case with the Crown Attorney, the specific facts of the offence were presented indicating Mr. K was in a problematic situation and one that could mean potential risk to his health and safety. Couples with breath samples that were on the lower range as well as the lack of a previous criminal record, we pushed for a resolution that would not bring about a criminal conviction and a driving prohibition.

The Crown Attorney agreed to withdraw the Over 80 charge and have Mr. K plead guilty to careless driving under the Highway Traffic Act with a fine and a one year provincial offences probation. Mr. K was happy beyond words.