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.
Related Stories
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...
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...
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...