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Client was observed by a police officer going through a McDonald’s “drive thru”. The officer watched as the car the client was driving bounced off the curb twice. The car then parked and the officer watched as the client stumbled out of the car and began walking into the restaurant. The officer engaged the client and observed him to have alcohol on his breath. The officer made a demand for the client to blow into a roadside device which the client refused to do. As a result the client was charged with impaired driving and refusing a roadside demand. In the weeks leading up to trial Mr. van der Walle filed his notice of constitutional argument. Just before the trial was set to begin the Crown agreed to drop both the criminal charges in exchange for the client pleading guilty to driving without due care and attention contrary to the Motor Vehicle Act. Not guilty of the criminal charges. No trial necessary.


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