Despite the police having laid the charge, and the court process having begun, the prosecutor agreed very early on to withdraw the charge and allow the defendant to plead guilty to the Highway Traffic Act offence of Careless Driving. During our discussions we were able to show the prosecutor our client may have been under the legal limit while driving and then rose over the legal limit while in police custody, a so-called “straddle” defence. A very rare set of circumstances.
