The client was pulled over after running a stop sign on a quiet winter night in downtown Penticton. The police officer approached the window and engaged with the client. After some small talk the officer began to smell the odor of both burnt and fresh marihuana. He advised the client that he was going to have him exit the vehicle and perform some standard field sobriety tests to determine if his ability to drive was affected by a drug. The client quickly hit the gas and left the officer standing on the side of the road. Police did not follow as the client was able to quickly get away. However he was easily found the next day as the the client had already provided his name and license information prior to fleeing the scene. The client was charged with refusing a sobriety test demand, flight from police and dangerous driving under the Criminal Code. After retaining Mr. van der Walle the client pled not guilty to all the charges. Soon before trial, Mr. van der Walle negotiated with the prosecution which resulted in all the criminal charges being dropped and the client pleading guilty to a non-criminal ticket-able offence under the Motor Vehicle Act. The client paid a small fine and was NOT prohibited from driving as punishment.
The King v. L.(C.) 2022
by Julian Van Der Walle | Jan 24, 2023 | Past Wins