A woman was doing dishes in her kitchen in Lake Country one evening when a luxury BMW came smashing through her patio just outside her kitchen window. A man emerged from the wreckage and identified himself as the driver. Thankfully no one was hurt. When police arrived they did a roadside breathalyzer on the man which registered a “fail”. He was taken back to the police station where he provided samples of his breath that tested at just under twice the legal limit. Video from a nearby property seized by police suggested that the BMW was travelling well in excess of the 50 km/h speed limit at the time that he failed to negotiate a corner in the residential community and went barreling over a private lawn and through the patio of the woman doing dishes. The man was charged with dangerous driving, impaired driving, and driving “over .08”. The man hired Mr. van der Walle who, after reviewing the disclosure, was able to identify numerous Charter issues. Before the trial, a Notice of Constitutional motion was filed. Shortly before the trial, the Crown prosecutor, to her credit, acknowledged the strength of some of the arguments Mr. van der Walle planned to make. A deal was reached where all the criminal charges were dropped and the client pled guilty to a driving without due care and attention ticket under the Motor Vehicle Act. The client was given a fine and a brief driving prohibition. No criminal record. No trial necessary.
CALL ME (24/7) 1-877-212-9645
