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

  A man arrived home one evening and saw a man sleeping behind the wheel of his truck on the side of the road, near the man’s driveway.  Soon later, the man saw the truck drive away but roll over into a ditch only a short distance down the road.  The man called the RCMP.  When the officer arrived he found the client in the driver seat of the vehicle trying to get out from the rolled truck.  The officer observed that the client reeked of alcohol, had slurred speech, and poor balance.  One thing led to another and the client was arrested and brought to the police station for a breath sample.  The client bluntly refused to provide a sample.  Accordingly he was charged with impaired driving and refusing to provide a breath sample.  Prior to the trial, Mr. van der Walle sent the prosecutor his Notice of Constitutional Argument, alleging that the officer had violated the client’s rights in numerous ways at roadside and at the police station later on.  Much to his credit, the prosecutor saw the merit in Mr. van der Walle’s position and offered to drop the criminal charges if the client pled guilty to driving without due care under the Motor Vehicle Act.  He received a $1000 fine as punishment and was able to keep his driving privileges so he did not lose his job.  Not guilty of all criminal charges.  No trial necessary.


Related Stories

The Queen v. W.(D.) 2021

     The client was originally “charged” with a peace bond allegation after his ex wife complained to the police that he had sent her text messages that suggested he had been watching her in the hot tub with another man.  A very aggressive Crown prosecutor took...

read more

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


Fill out the form below to receive a free and confidential initial consultation.

  • This field is for validation purposes and should be left unchanged.