The Queen v. S.(R.) 2019

 

The client’s truck was observed swerving all over the road before smashing into the back of an Audi Sedan that was stopped at a red light.  Witnesses told police that the client appeared to be intoxicated on something.  The attending police officers performed numerous alcohol and drug related sobriety tests and concluded that the client was affected by narcotics.  A search of the client’s truck revealed a large stash of marihuana as well as some heroin.  The client was charged with dangerous driving and unlawful possession of the heroin.  The client retained Mr. van der Walle and entered a not guilty plea.  In the weeks prior to trial Mr. van der Walle served the Crown with his Notice of Constitutional argument, alleging that the client’s rights had been violated by police at the roadside no less than four separate times.  Much to her credit, the Crown prosecutor acknowledged the strength of the defence’s position by agreeing to drop all the criminal charges with a stay of proceedings and in exchange accepting a plea to driving without due care and attention contrary to provincial statute.  The client paid a small fine and was able to keep driving for work.  No criminal record.  No trial necessary.