The King v. K.(R.) 2023

Police were driving in Vernon when they noticed a truck mildly rear end another vehicle at a red light.  As the police turned around to deal with the situation they observed the truck drive off at a high rate of speed.  Police gave chase and caught up to the truck at another intersection near Kal Lake.  They blared their sirens and hollered at the driver of the truck to turn off the vehicle.  The truck then accelerated again and made contact with the police vehicle as it fled the second intersection.  Police chose not to give chase given the danger that a high speed chase would pose to members of the community.  And besides, they had the licence plate of the truck and were able to track the truck to the owner’s residence so they did not need to chase him.  When police arrived at the home 20 minutes later they went around to the backyard and found the driver smoking a cigarette on the back patio.  He tried to quickly duck back into the house.  The police ended up using a baton to smash the sliding glass door to enter the home and arrest the accused.  He was taken back to the police station where he blew twice the legal limit.  If that were not bad enough, police checks revealed that the accused had been prohibited from driving indefinitely 10 years ago and had no right to be driving in the first place.  He ended up being charged with dangerous driving, impaired driving, driving “over .08”, and fleeing police under the Criminal Code, as well as driving while prohibited under the Motor Vehicle Act.  The accused hired Mr. van der Walle to defend him on the numerous charges.  Before the trial, Mr. van der Walle filed a Notice of Constitutional Motion alleging that the police violated the client’s rights in numerous ways during the violent arrest and entry into the home, as well as back at the police station in regards to the client’s right to counsel.  Much to her credit, the Crown prosecutor saw the merit in Mr. van der Walle’s arguments and agreed to drop all the criminal charges as well as the driving while prohibited charge in exchange for the client pleading guilty to a driving without due care and attention as well as a failure to remain at the scene of the fender bender ticket under the Motor Vehicle Act.  The client was given a fine.  No criminal record.  No trial necessary.