The Queen v. D. (B.) 2018

The police were dispatched to a single-vehicle accident on a ski resort mountain road.  The police found the client walking on the road near the crashed truck with a sleeping bag slung over his shoulder.  He admitted to being the driver of the vehicle and one thing led to another and the officer made a demand on the client to provide a sample of his breath into a roadside device.  The result was a “fail”.  Back at the police station, the client provided two samples of his breath that registered at twice the legal limit.  After reviewing the disclosure Mr. van der Walle was able to find serious problems with the case and convinced the prosecutor to drop the criminal charges in exchange for the client accepting responsibility to a charge of driving without due care and attention contrary to the Motor Vehicle Act.  Client escaped a criminal record and was able to keep driving for work and only had to pay a nominal fine.  Not guilty.  No trial necessary.