The Queen v. T.(G.) 2018

The client was arrested after she was called in by a concerned citizen after the citizen observed the client drive her car up on a parking lot curb and high centre her vehicle, and then try over and over again to move the vehicle without any success.  When the officer arrived he observed serious signs of impairment and made a demand on the client to provide a sample of her breath at the police detachment.  Once at the detachment the client failed to provide a sample of her breath and was charged with willfully failing to provide a sample under the Criminal Code.  In the days leading up to trial, Mr. van der Walle had a detailed discussion about the case with the prosecutor, who agreed that the police officer’s demand was likely illegal and that therefore the client was under no obligation to comply with it.  Very much to his credit, the prosecutor dropped the charge by entering stay of proceedings in the days leading up to the trial.  No trial necessary, not guilty.