The Queen v. F.(H.) 2018

A concerned citizen called the police after she witnesses a small car go off the road and crash on Silver Star Mountain Road.  She also observed four teenagers or young adults gathering things from the crashed vehicle including alcoholic beverages and jump in another vehicle that appeared to be waiting for them and leave the scene.  The police responded quickly and pulled over the car the young people had boarded.  The client was questioned and admitted to driving the crashed vehicle.  The officer smelled alcohol on her breath and demanded that she provide a roadside sample.  She blew a fail.  She was arrested and taken to the police station where she provided samples of her breath that were well over the legal limit.  She was charged accordingly.  In the weeks leading up to trial, Mr. van der Walle provided the prosecutor with his Notice of Constitutional Argument.  After carefully considering that, the prosecutor decided to drop the criminal charges and instead accept a guilty plea to driving without due care and attention under the Motor Vehicle Act.  Client avoided a criminal record and was able to keep driving for work and college classes.  Not guilty.  No trial necessary.