The client was at a social event at a friend’s home and made the huge mistake of taking a few sips of the friend’s homemade moonshine prior to departing in his truck. About a half hour later the client was found passed out behind the wheel of his running truck in the middle of the highway near Fernie BC. When the police came upon the vehicle they tried to wake the client who, without warning, woke up and tried to drive away, almost hitting a police car in the process. When the client was removed from the vehicle by police he was found to be in bare feet during a snow storm in January and he was overwhelmingly intoxicated barely able to stand or form coherent sentences. Once at the police station he predictably blew almost three time the legal limit and was charged accordingly. He had a prior impaired on his record and as such faced a mandatory 3 year driving suspension under the Motor Vehicle Act if convicted. He would almost certainly lose his job as well because of that. The client hired Mr. van der Walle to defend the very tough case. After reviewing the disclosure it appeared there was only one defence and it was a long shot: the serial number of the standard gas solution used by the instrument that took the samples of the client’s breath was slightly different than the serial number on the certificate of analyst that attested to the gas solution being suitable for use with the instrument. On the day of trial, Mr. van der Walle could tell he was dealing with a very reasonable Crown and let him know about the problem with the serial numbers not lining up. Very much to his credit the Crown agreed to drop the criminal charges in exchange for the client pleading guilty to driving without due car and attention contrary to the Motor Vehicle Act. The client paid a steep fine and was able to keep driving for work.
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