A number of people in the gym in Blind Bay BC called police to report that a man had stumbled in and had behaved in a very drunken and belligerent manner to the patrons of the gym. The man had been seen to peel out of the parking lot driving a small blue car with a Nova Scotia license plate. Soon after police were called again by man who claimed that a small blue car with a Nova Scotia license plate had run a stop sign in Blind Bay and ran into the side of his truck, before taking off towards the highway. Police were called who eventually located the small blue car on the Trans Canada Highway headed towards Salmon Arm. The client was found to be driving the vehicle and was arrested for impaired driving. He was eventually taken to the police station where he blew over twice the legal limit and as a result was charged with impaired driving, driving “over .08” and leaving the scene of an accident. Prior to the trial Mr. van der Waller filed his Notice of Constitutional Motion alleging that the client’s rights had been violated in up to five different ways by police during the investigation. After negotiating with the Crown a deal was struck where the client had all three of his criminal charges dropped in exchange for pleading guilty to driving without due care and attention under the Motor Vehicle Act. The client paid a 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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