The King v. S.(M.) 2024

The client was driving down a residential street in Kelowna when she collided with a parked car.  The police came to the scene and noted symptoms of impairment.  They detained the client for impaired driving and made a breath demand on her.  She ended up blowing well over the legal limit and was charged with driving “over .79” and impaired driving.  The client hired Mr. van der Walle who went to work defending the case.  He immediately requested a large amount of additional disclosure including the cell block video of the client taking the breath samples.  As the file wound its way to trial it became apparent that the Crown would be unable to produce the requested disclosure in time for the trial.  Given that, and the Notice of Constitutional Motion filed by the defence alleging a multitude of other violations of the client’s rights, the Crown to his credit agreed to drop both criminal charges if the client pled guilty to driving without due care and attention under the Motor Vehicle Act.  She was not prohibited from driving by the court for even a day and only had to pay a fine.  No criminal record, no trial necessary.