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

The client was pulled over in the early morning hours in Kelowna .  The police observed an open can of beer in the centre console and detected an odour of alcohol on the client’s breath.  A roadside breath demand was made and the client blew a fail.  After that he was taken to the police station and provided samples of his breath that were over twice the legal limit.  Also, it was discovered that the client was prohibited from driving under the Motor Vehicle Act.  At trial Mr. van der Walle argued that his client’s Charter rights had been violated by the police during the seizure of the client’s breath samples.  Unfortunately, while the judge agreed that the client’s rights had been violated, she declined to exclude the breath sample evidence from the trial on that basis.  Thankfully, however, she did agree with Mr. van der Walle that the Crown had failed to prove that the first sample of the client’s breath at the  police station had been taken within two hours of driving, a condition precedent to the admissibility of the breath sample evidence.  As a result, the trial judge dismissed the “over .08” charge.  She also dismissed the impaired driving and driving while prohibited charges, for different reasons.  In the end the client was acquitted of all charges.  He did not testify .  

Archives

Related Stories

The Queen v. B.(R.) 2021 (Hinton, Alberta)

    The client was pulled over travelling through Jasper Alberta for having illegal window tints on his vehicle.  When the officer began writing the ticket he noticed that the client had been the subject of numerous drug trafficking investigations in the past. ...

read more

The Queen v. F.(W.) 2020 #2

  The client was pulled over leaving a bar in Revelstoke after a cab driver tipped off police that the client may be impaired driving.  The client blew a fail into a roadside device and was taken to the police station to provide samples.  At the police station he...

read more

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. ...

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.