The Queen v. E.(T.) 2021

The police responded to a report of a possible impaired driver by a woman who was awoken to a truck crashing into her car outside of her house in the middle of the night.  When police arrived they found the client standing near the damaged vehicles.  After making some observations consistent with alcohol consumption a police officer made a  demand that the client provide a sample of his breath into a roadside device.  After blowing a fail into the roadside device the client was detained in handcuffs and taken back to the police station to provide breath samples.  He ended up blowing over twice the legal limit and was charged with impaired driving and driving with an illegal amount of alcohol in his blood.  Prior to trial Mr. van der Walle filed his Notice of Constitutional Argument alleging that the client’s rights were violated in numerous ways by the police at roadside and as well back at the detachment.  On the morning of trial Mr. van Der Walle met with the prosecutor to discuss the case and was able to convince the senior and experienced prosecutor to drop all the criminal charges in exchange for the client pleading guilty to driving without due care and attention under the Motor Vehicle Act.  For a sentence the client was made to pay a fine and did not lose his ability to drive.  He was also able to get through the case without any criminal record.  No trial necessary, not guilty of all criminal charges.