The police were called after reports came in of a serious single vehicle accident near the college in Vernon. When police arrived they found the client stuck in the damaged vehicle. Medical staff attended to the client’s injuries and eventually took him to the hospital. The police followed and after making some observations of the client at the hospital they made a blood demand which required that the client provide a sample of his blood to police. The client complied and the sample came back as being almost three times the legal limit. The client was charged with impaired driving and driving “over .08”. Prior to the trial Mr. van der Walle filed his Notice of Constitutional Motion arguing that the client’s rights were violated by police in four separate ways during the investigation. After negotiating with the Crown, the prosecutor agreed to drop the criminal charges if the client pled guilty to a driving without due care and attention ticket. The client was given a small fine and no driving prohibition. Not guilty of all criminal charges, no loss of driving privileges, no trial necessary.
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