CALL ME (24/7) 250.320.9258

Client was observed driving his vehicle erratically just before crashing into a tree.  He was taken to the hospital.  Once he was deemed to be in fine physical shape by hospital staff, he was taken to the police station where he provided samples of his breath that tested at over three times the legal limit.  He was charged accordingly.  Immediately after being retained Mr. van der Walle sent a detailed disclosure request to the Crown.  Eight months later, and only one business day before trial, the Crown provided the disclosure to the defence.  In response Mr. van der Walle filed a Charter application alleging a violation of the client’s right to full disclosure and to make full answer and defence.  After hearing argument the judge sided with the defence and ordered a judicial stay of proceedings.  Not guilty.  No trial necessary.

Archives

Related Stories

The Queen v. O. (T.) 2017 (Provincial Court of Alberta)

The client was pulled over for having no mud flaps close to the town of Lake Louise on the Trans Canada Highway. The police officer made certain observations that led him to suspect the client was in possession of drugs. He detained the client for a drug investigation...

read more

The Queen v. W. (L.) 2017

The Queen v. W. (L.) 2017 Client was charged with sexual assault after a woman reported to police that she had awoken to her mother's ex boyfriend on top of her in bed.  The woman's story changed many times in the next month as the police interviewed her again for...

read more

The Queen v. A. (M.) 2017

The Queen v. A. (M.) 2017 A motor vehicle accident occurred in the early morning hours on a ski resort mountain road.  The client was driving a vehicle that rear ended another vehicle at a stop light.  Thankfully the woman and sole occupant of the vehicle that was...

read more

REQUEST A FREE CONSULTATION

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

  • This field is for validation purposes and should be left unchanged.