Impaired Driving; Driving Over the Legal Limit, .149 BAC


Charge reduced to "fail to report an accident" (minor offence) under the Highway Traffic Act, and the client kept his licence

Case Details

This client, a self employed professional who required his driver’s licence for work purposes bumped a car while leaving a restaurant in Brockville.

An eye witness told police who tracked him down. It was determined that he was under the influence of alcohol and physical coordination tests were performed at the roadside (i.e. walking on a straight line). After failing these tests, the accused was arrested and brought to the station where he was charged with impaired driving and driving over the legal limit.

At trial, Mr. Anber brought a well known toxicologist onto the case who was going to testify that the way the physical coordination tests were done were inherently flawed. After all, if these tests are flawed, even sober people could fail them resulting in them being arrested without just cause.

Prior to trial, due to this and other considerations, the prosecution offered Mr. Anber to reduce the charge to a Careless Driving charge.

Mr. Anber further negotiated that it should be reduced to a minor driving offence.

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