The Queen v. L.(R.) 2015
A patron at a bar observed a man walk out the bar room doors and trip over a curb, bump into a tree, and stumble across the parking lot, before hopping into an SUV and driving away. The patron did the right thing and called 911. Soon afterwards a vehicle matching the description given by the patron was found in the ditch, with the client crawling on all fours near the driver side door. He was taken back to the police detachment and ultimately charged with impaired care and control of a motor vehicle. At trial, Mr. van der Walle successfully undermined the connection between the person the patron saw leave the bar and the client. The judge agreed that the evidence did not prove that the client was the same person who was seen leaving the bar minutes earlier. The remaining evidence of swaying and slurred speech was insufficient to prove beyond a reasonable doubt that the client was impaired from alcohol, as opposed to merely having recently consumed alcohol. Not guilty. Client did not testify.
Related Stories
The King v. C.(R.) 2024
The police began investigating the client after a woman reported to them that two men had come to the door looking for her son. The woman explained that the men had told her son that he owed money from a drug debt and that he would be hurt if he did not pay. When...
The King v. T.(R.) 2024
Police were conducting a surveillance operation on the client and many other members of a suspected drug trafficking group in Vernon, Armstrong, and Enderby. The client was well known to police as he had a lengthy criminal record including no less than 7 prior...
The King v. S.(M.) 2024
A semi truck driver was cruising on the highway just outside of Revelstoke when another vehicle pulled out to pass him on a double solid line. While executing the pass, the other vehicle ended up clipping the semi as it tried to pull back into its lane which resulted...
REQUEST A FREE CONSULTATION
Call 1.866.706.8857
Or fill out the form below to receive a free and confidential initial consultation.