The Queen v. B.(H.) 2020

The police responded to a single vehicle accident in the middle of a sunny clear day on a straight stretch of road.  The client was found near the vehicle and when the officer spoke to him he noted that the client reeked of alcohol and had some slurred speech.  There was also an open can of beer in the centre console of the vehicle.  Based on those observations the officer made a demand on the client to blow into a roadside device.  The roadside breathalyzer registered a “fail” reading and the client was arrested for impaired driving and taken back to the police station to provide samples of his breath into an approved instrument.  The client blew almost twice the legal limit and was charged accordingly.  Prior to trial, Mr. van der Walle filed his Notice of Constitutional Argument which alleged that the client’s rights had been violated by the officer in a  number of different ways both at roadside and at the police station.  To his credit, the Crown prosecutor agreed and decided to drop the criminal charges in exchange for the client pleading guilty to driving without due care and attention contrary to the Motor Vehicle Act.  The client paid a small fine and was able to keep driving for work.  Not guilty of all criminal charges.  No trial necessary.