Google 4.8 ★ | CALL ME (24/7) 1-877-212-9645
The client was pulled over in the early morning hours in Kelowna .  The police observed an open can of beer in the centre console and detected an odour of alcohol on the client’s breath.  A roadside breath demand was made and the client blew a fail.  After that he was taken to the police station and provided samples of his breath that were over twice the legal limit.  Also, it was discovered that the client was prohibited from driving under the Motor Vehicle Act.  At trial Mr. van der Walle argued that his client’s Charter rights had been violated by the police during the seizure of the client’s breath samples.  Unfortunately, while the judge agreed that the client’s rights had been violated, she declined to exclude the breath sample evidence from the trial on that basis.  Thankfully, however, she did agree with Mr. van der Walle that the Crown had failed to prove that the first sample of the client’s breath at the  police station had been taken within two hours of driving, a condition precedent to the admissibility of the breath sample evidence.  As a result, the trial judge dismissed the “over .08” charge.  She also dismissed the impaired driving and driving while prohibited charges, for different reasons.  In the end the client was acquitted of all charges.  He did not testify .  
 
 

Archives

Related Stories

The Queen v. S.(B.) 2020

The client was charged with two counts of uttering death threats after a young man and his father complained to the police in Port Coquitlam that the client and his "business partner" had left threatening voicemails for them over a drug debt that allegedly had been...

read more

The Queen v. D.(S.) 2020

 The client was charged with sexual assault and sexual interference after the daughter of his long time girlfriend told police that during her summer trip the prior year to visit her mother and the client, the client had fondled her breasts and touched her vagina. ...

read more

The Queen v. H.(S.) 2019

After an investigation into a number of arsons, the police obtained a search warrant for the client's house.  When conducting the search the police found two firearms that were allegedly stored contrary to regulations and in a careless manner.  The client was charged...

read more

REQUEST A FREE CONSULTATION

Call 1.877.212.9645

Or fill out the form below to receive a free and confidential initial consultation.

  • This field is for validation purposes and should be left unchanged.