The Queen v. W.(A.) 2022

Police were called to the scene of an accident after reports came in of a truck clipping the side of a parked car at high speed which caused the truck to roll over.  When police arrived they found the client sitting nearby on a  sidewalk.  After speaking with the client, the police officer formed grounds to believe that the client was impaired driving and detained him just prior to reading him a breath demand.  The client was taken to the police detachment where he provided samples of his breath that were over the legal limit.  The client was charged with impaired driving and driving “over .08”.  Prior to trial Mr. van der Walle filed his Notice of Constitutional argument alleging that the police officer lacked reasonable grounds for the breath demand and ought to have instead resorted to the roadside breathalyzer test first before arresting the client and taking him in for breath samples.  Prior to trial the Crown offered to drop the criminal charges if the client pled guilty to driving without due care and attention under the Motor Vehicle Act which the defence accepted.  The client received a fine but was able to continue driving for work and of course received no criminal record because of the resolution reached by Mr. van der Walle.  Not guilty of all criminal charges, no trial necessary.