CALL ME (24/7) 778-760-4233

The King v. P.(S.) 2023

As a police officer gassed up his car in the town of Lavington, a woman approached him and told him that she suspected the client was drinking and driving nearby currently and that she she would not be able to live with herself if someone was hurt and she had said nothing.  The officer left the gas station and soon later found the vehicle the woman had told him the client drives parked at the entrance of a forest service road.  The officer pulled in behind the vehicle and approached the window.  He observed a Pepsi bottle filled with pink liquid he suspected contained alcohol in the client’s lap on the driver seat.  The officer demanded that the client provide a sample of his breath into a roadside breathalyzer.  The client blew a “fail” reading and as a result he was taken to the police station and he provided samples of his breath almost 3 times the legal limit.  He was charged with having the care and control of a vehicle “over .08”.  At trial Mr. can der Walle argued that the officer did not have reasonable grounds to make the demand as the woman’s complaint was vague and un-compelling and the bottle of pink liquid could have been anything.  The judge agreed and found that the client’s constitutional rights had been violated by police.  The Crown “packed it in” at that point and agreed that the charge ought to be dismissed.  Not guilty.  Client did not testify.

Archives

Related Stories

The King v. L.(C.) 2022

  The client was pulled over after running a stop sign on a quiet winter night in downtown Penticton.  The police officer approached the window and engaged with the client.  After some small talk the officer began to smell the odor of both burnt and fresh...

read more

The King v. T.(C.) 2022

  Police responded to a report of a motor vehicle accident on the highway near Summerland BC.  A vehicle that the client was driving had pulled out of a fruit stand and collided with a vehicle travelling at high speed.  Thankfully no one was seriously hurt.  When...

read more

The Queen v. H.(B.) 2022

  The police in Montreal executed a search warrant on a suspected member of the Irish mafia’s home and discovered a number of “ghost guns”, which are guns that have no serial number and are thus untraceable.  During the search the police found an invoice and...

read more

REQUEST A FREE CONSULTATION

Fill out the form below to receive a free and confidential initial consultation.