A semi truck driver was cruising on the highway just outside of Revelstoke when another vehicle pulled out to pass him on a double solid line. While executing the pass, the other vehicle ended up clipping the semi as it tried to pull back into its lane which resulted in the other vehicle crashing violently into a rock face on the side of the highway. Miraculously, the driver of the smaller vehicle emerged from the wreckage with only a broken rib and some other non-life threatening injuries. Police arrived and smelled alcohol on the breath of the man while he was being tended to by paramedics in the back of ambulance and made a roadside breath demand on him. The client refused to provide a sample without saying anything to the officer about why he was refusing. The client ended up being charged with refusing a breath demand and dangerous driving. In the weeks leading up to trial Mr. van der Walle negotiated with the Crown and successfully convinced them to drop both criminal charges in exchange for the client pleading guilty to driving without due care and attention under the Motor Vehicle Act. The client was given a fine and the court determined that the client would NOT be prohibited from driving for even a day. Not guilty of all criminal charges, no driving prohibition, and no trial necessary.
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