No Criminal Record or Mandatory License Suspension for Drive Over 80

Posted in Criminal Driving Cases, Over 80

My client was charged with Drive Over 80.  Prior to the trial, I filed a Charter Application alleging that my client’s right to a trial within a reasonable under section 11(b) had been infringed. The likelihood of a judicial stay of my client’s charge as a result of the delay was borderline considering the length of the delay and the nature of the prejudice my client suffered as a result.  On the morning of trial, I had discussions with the Crown Attorney who agree to my client entering a guilty plea to Careless Driving under the Ontario Highway Traffic Act. This is a non-criminal charge that results in no criminal record or mandatory license suspension.

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