Charge Withdrawn: Driving With Blood-Alcohol Concentration Over 0.08 ("Over 80")

The client was randomly investigated by the O.P.P. while driving his vehicle. The police are actually allowed to investigate people at random in performance of certain duties under the Highway Traffic Act, including checking if a driver is properly licenced, determining if the vehicle is sound, and checking sobriety. The officer's investigation in this case led to roadside breath testing which the client failed, and subsequent breath testing at the police station which showed a blood-alcohol concentration (B.A.C.) over the legal limit of 0.08 milligrams of alcohol in 100 millilitres of blood.

If the police did everything properly in the investigation and in the operation of the breath machines, then these readings would constitute conclusive proof that the client was over the legal limit while driving his vehicle. Once this is proven in court, the resulting minimum penalty is the same as the one for impaired driving or refusing to provide a breath sample: a one year driving prohibition and a $1000 fine. 

It takes a fine eye and time-consuming review to determine where the proper procedures may not have been followed by police or where something else went wrong in the investigation, but with so much at stake, this kind of expert review is worth it. Finding such errors can lead to the case being won before the trial even commences.

Mr. MacDonald's review of disclosure in this case, followed by persistent correspondence with the prosecuting Crown Attorney's office, led to the charge being dropped without a trial. The communications which led to the withdrawal of the charge are confidential.