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 ended up refusing to provide any further samples of his breath and was charged with impaired driving as well as refusing a breath demand.  This was the second impaired case the client had received in the same year, with the first charge getting dropped after Mr. van der Walle convinced the Crown prosecutor that the police had violated his client’s rights in the first case.  For the second case, again Mr. van der Walle filed his Notice of Constitutional argument alleging that the police had violated his client’s rights at the police station.  And again the Crown prosecutor agreed and opted to drop the criminal charges in exchange for the client pleading guilty to driving without due care and attention under the Motor Vehicle Act and receiving a fine and a probation order that required the client to only drive for work related purposes for a year.  All criminal charges dropped AGAIN, no trial necessary.