CALL ME (24/7) 778-760-4233
 
The Merritt police were called by a woman who said that her ex husband was “drunk as a skunk” and pounding on the front door in the middle of the night.  The police arrived and found the client passed out in the driver seat of his vehicle.  The vehicle was still running.  Once the client was removed from the vehicle it became apparent to the police that he was grossly intoxicated.  At the police station he provided samples of his breath that were almost 3 times the legal limit and accordingly he was charged with impaired and “over .08” care and control (as opposed to impaired “operation” aka driving).  At the outset of the litigation Mr. van der Walle requested extensive additional disclosure.  The Crown faltered and was unable to produce much of the disclosure.  On the evening before trial the Crown finally confirmed that the video of the client at the police station had been unintentionally overwritten and so that evidence was destroyed.  Mr. van der Walle informed the Crown that he would be applying for a judicial stay of proceedings on the basis that the Crown had failed to disclose the information that the video was destroyed in a timely manner before trial.  The Crown decided to drop the criminal charges and accept a plea to driving without due consideration for others on the highway, contrary to the Motor Vehicle Act.  Not guilty of all criminal charges.  No trial necessary.  
 

Archives

Related Stories

The Queen v. D.(D.) 2019

  The client was pulled over just outside of Hinton, Alberta driving a rental SUV.  Upon approaching the window, the officer smelled what he referred to as "fresh marihuana" and arrested the client on that basis.  A search of the interior of the vehicle revealed...

read more

The Queen v. B.(C.) 2019

  The client was charged with sexual assault on a person under the age of 16 after the neighbor girl reported that the client had briefly touched her private areas over her clothing.  The client was 80 years old at the time, was highly intoxicated at the time of...

read more

The Queen v. O.(A.) 2019

  The client was charged with sexual assault on the basis of a complaint made by a young woman he had attended a Superbowl party with.  The complainant and the client had been "best friends" for years prior to this and had even tried dating in the past.  While...

read more

REQUEST A FREE CONSULTATION

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

  • This field is for validation purposes and should be left unchanged.