The Queen v. M.T. 2022
A police officer patrolling the town of Armstrong in the middle of the night noticed a car in a gas station parking lot that contained a man sleeping in the driver’s seat. The officer approached the vehicle to check on the driver to see if he was alright. The client was surprised and slow to react after the officer awakened him. During the conversation the officer smelled alcohol and noted an open beer in the cupholder. The officer decided to skip the roadside breathalyzer and go straight to arrest and took the client back to the police station to provide breath samples. The client blew over twice the legal limit and was charged accordingly . Prior to trial Mr. van der Walle filed his Notice of Constitutional Argument alleging that the officer lacked enough grounds to go straight to arrest and was wrong to have skipped the roadside breathalyzer in the circumstances. Thankfully the Crown prosecutor agreed and dropped the criminal charges on the day of trial. No trial necessary, not guilty of all criminal charges.
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...