The Queen v. K.(B.) 2015
Client was stopped by police after they got reports that a person driving a truck that matched the description of the truck the client was driving had swerved badly into the oncoming lane and made contact with a vehicle, just narrowly avoiding a full head on collision. Client was arrested and taken back to the police detachment where he blew almost 4 times over the legal limit. As a result of all of this he was charged with impaired driving offences as well as dangerous driving and leaving the scene of an accident. He faced serious jail time because he had numerous prior impaired driving convictions. At the outset of the litigation Mr. van der Walle requested detailed disclosure documents related to the breathalyzer machine that was used to analyze a sample of the client’s breath. The Crown failed to produce these documents to the defence in a timely manner and as a result Mr. van der Walle filed an application for a judicial stay of proceedings on the basis that the Crown and police had violated the client’s constitutional right to full disclosure of the case against him. Mr. van der Walle now had the leverage he needed and the prosecutor agreed to drop all the criminal charges in exchange for a plea to driving without due care and attention contrary to the Motor Vehicle Act. Client paid a small fine and was able to keep driving for work so he did not lose his job.
Related Stories
The King v. T.(R.) 2024
Police were conducting a surveillance operation on the client and many other members of a suspected drug trafficking group in Vernon, Armstrong, and Enderby. The client was well known to police as he had a lengthy criminal record including no less than 7 prior...
The King v. S.(M.) 2024
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...
The King v. K.(J.) 2024
The client was pulled over by the RCMP near Salmo British Columbia while he was driving with his girlfriend as passenger. One thing led to another and the police officer deployed his K9 named "Jimmy" to perform a sniff search of the vehicle. Jimmy sat after sniffing...
REQUEST A FREE CONSULTATION
Call 1.877.212.9645
Or fill out the form below to receive a free and confidential initial consultation.