CALL ME (24/7) 1-877-212-9645
 Police were called to the scene of an accident after reports came in of a truck clipping the side of a parked car at high speed which caused the truck to roll over.  When police arrived they found the client sitting nearby on a  sidewalk.  After speaking with the client, the police officer formed grounds to believe that the client was impaired driving and detained him just prior to reading him a breath demand.  The client was taken to the police detachment where he provided samples of his breath that were over the legal limit.  The client was charged with impaired driving and driving “over .08”.  Prior to trial Mr. van der Walle filed his Notice of Constitutional argument alleging that the police officer lacked reasonable grounds for the breath demand and ought to have instead resorted to the roadside breathalyzer test first before arresting the client and taking him in for breath samples.  Prior to trial the Crown offered to drop the criminal charges if the client pled guilty to driving without due care and attention under the Motor Vehicle Act which the defence accepted.  The client received a fine but was able to continue driving for work and of course received no criminal record because of the resolution reached by Mr. van der Walle.  Not guilty of all criminal charges, no trial necessary.  
 
 

Archives

Related Stories

The King v. C.(R.) 2024

The police began investigating the client after a woman reported to them that two men had come to the door looking for her son.  The woman explained that the men had told her son that he owed money from a drug debt and that he would be hurt if he did not pay.  When...

read more

The King v. T.(R.) 2024

Police were conducting a surveillance operation on the client and many other members of a suspected drug trafficking group in Vernon, Armstrong, and Enderby.  The client was well known to police as he had a lengthy criminal record including no less than 7 prior...

read more

The King v. S.(M.) 2024

A semi truck driver was cruising on the highway just outside of Revelstoke when another vehicle pulled out to pass him on a double solid line.  While executing the pass, the other vehicle ended up clipping the semi as it tried to pull back into its lane which resulted...

read more

REQUEST A FREE CONSULTATION

Call 1.877.212.9645

Or fill out the form below to receive a free and confidential initial consultation.