The Queen v. S.(T.) 2018

A police officer observed a car take a number of seconds to begin moving forward after a stop light turned green.  He followed the vehicle for a short distance and decided to pull it over to check the driver’s sobriety.  The vehicle failed to pull over for almost two minutes, and when it did it awkwardly mounted the sidewalk’s curb.  The client was asked to step out of the car and the officer demanded that she provide a roadside sample, based on the smell of alcohol on her breath and her admission to drinking a glass of wine.  After some debate with the officer the client decided to refuse to provide a sample.  She was charged under the Criminal Code with refusal.  In the days leading up to the trial, Mr. van der Walle negotiated with the prosecutor and was successful.  The Crown agreed to drop the criminal charge if the client pled guilty to driving without due care and attention under the Motor Vehicle Act.  Client paid a small fine and was able to keep driving for work.  No criminal record and no trial necessary.