CALL ME (24/7) 778-760-4233
The client was arrested after she was called in by a concerned citizen after the citizen observed the client drive her car up on a parking lot curb and high centre her vehicle, and then try over and over again to move the vehicle without any success.  When the officer arrived he observed serious signs of impairment and made a demand on the client to provide a sample of her breath at the police detachment.  Once at the detachment the client failed to provide a sample of her breath and was charged with willfully failing to provide a sample under the Criminal Code.  In the days leading up to trial, Mr. van der Walle had a detailed discussion about the case with the prosecutor, who agreed that the police officer’s demand was likely illegal and that therefore the client was under no obligation to comply with it.  Very much to his credit, the prosecutor dropped the charge by entering stay of proceedings in the days leading up to the trial.  No trial necessary, not guilty.

Archives

Related Stories

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...

read more

The Queen v. S.(D.) 2018

  A woman went to the police and told them that her boyfriend of 18 years had routinely forced her to have sex with him against her will.  Predictably, the client was indicted for sexual assault.  After electing trial by judge and jury and requesting a preliminary...

read more

The Queen v. M.(A.) 2018

  The police pulled a vehicle over as it left a local bar.  After the vehicle stopped the driver, the driver looked back at the police officer and then sped away from the traffic stop.  The police followed the vehicle at high speed.  On a long turn the vehicle left...

read more

REQUEST A FREE CONSULTATION

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

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