Mr. Gillespie: I think ultimately the hybrid offences leave the discretion in the hands of the prosecuting or Crown attorney, where it should be, because often where it may be a minimum, perhaps they would want something higher than the minimum but not as high as the minimum of an indictable offence.

He is a practising defence lawyer in Toronto, but has also served as a part-time assistant crown attorney for Ontario, as well as serving as a standing agent for the Attorney General of Canada for six years, prosecuting drug cases in both the provincial and superior courts.

Born 1961; Master of Laws, University of Stockholm (1987); Doctor of Laws, University of Stockholm (1995); Associate Professor (docent) and holder of the Jean Monnet Chair of European Law (1995); Professor of European Law, University of Stockholm (2001); assistant lawyer in private practice (1987-89); Managing Director of an educational foundation (1993-2004); Chairman of the Nätverket för europarättslig forskning (Swedish Network for European Legal Research) (2001-06); member of the Rådet för konkurrensfrågor (Council for Competition Law Matters) (2001-06); Assigned Judge at the Hovrätten över Skåne och Blekinge (Court of Appeal for Skåne and Blekinge) (2005); Judge at the General Court from 7 October 2006 to 28 Novemb ...[+++]er 2012; Advocate General at the Court of Justice since 28 November 2012.

It's recognized by the police, recognized by crown attorneys, and recognized by prosecutors as a loophole to get people who are otherwise guilty, people who in fact have a blood alcohol level of over 80, off the hook.