The young client went out for a joy ride with a few friends in the evening on a summer night and ended up crashing the truck. Thankfully himself and his friends only suffered minor injuries. But police arrived at the accident scene and determined that the client had been drinking and as a result he was arrested and the police demanded that he provide a sample of his breath. He ended up blowing at twice the legal limit and was charged. Prior to the trial, Mr. van der Walle filed a Notice of Constitutional Motion alleging that the breath demand was illegal and that the police had violated the client’s right to counsel. Much to his credit, the Crown agreed and decided to drop the criminal charges in exchange for the client pleading guilty to driving without due care and attention under the Motor Vehicle Act. The client paid a $500 fine and did not lose his driving privileges for even a day. Not guilty of all criminal charges, no trial necessary.
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