The client was charged with refuse to provide a breath sample in Toronto. His case was dealt with at the 2201 Finch Avenue West Courthouse.
On the trial date, after extensive preparation of the case and careful negotiations with the prosecutor, the criminal charge of refuse to provide a breath sample was withdrawn.
In anticipation of trial, defence counsel prepared a number of strong defences including a section 11b Charter motion for unreasonable delay; arguments pertaining to lack of intent to provide a suitable breath sample; and sophisticated technical issues.
Instead of acknowledging any criminal responsibility, the client agreed to accept responsibility for a lesser charge of careless driving under the Highway Traffic Act.
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This exceptional result meant that the client did not receive a criminal record of conviction and was not subject to the mandatory minimum one year driving prohibition and one thousand dollar fine.
Indeed, if found guilty after trial (or upon pleading guilty even at an early stage), the client would have received a criminal conviction and at least the mandatory minimum penalty comparable to a person convicted of impaired driving or over. 80.