The client was pulled over by police after being observed weaving late at night on the highway near Kelowna BC. The officer smelled alcohol and had the client blow into a roadside device. The device registered a “fail” reading and the client was arrested and taken back to the police station to provide samples. He had asked to speak to a lawyer however the lawyer the client requested was not immediately available given that it was the middle of the night and the client then agreed to speak to legal aid. Legal aid was also not immediately available but the police demanded that the client make a decision about whether or not he was going to blow before speaking to any lawyer, even legal aid. The client said he would not blow unless he spoke to a lawyer first and the police deemed it a refusal and served him with a 90 day driving prohibition and gave him an undertaking to answer to a charge of impaired driving and refusing breath demand in court. The client hired Mr. van der Walle to challenge both the 90 day prohibition and to represent him on the criminal charges. In the end Mr. van der Walle successfully argued to the adjudicator for Roadsafety BC that the 90 day driving prohibition ought to be revoked and he also wrote a letter to Crown counsel successfully convincing them to not lay any criminal charges.
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