Client was pulled over for speeding and in the process of speaking to him the police officer smelled alcohol. One thing led to another and the client blew a Fail into a roadside breathalyzer device. He was arrested and taken back to the detachment where he blew breath samples well over the criminal legal limit. He was charged accordingly. A few days before the trial Mr. Van der Walle filed his notice seeking a stay of proceedings on the basis that the Crown had failed in their duty to disclose all relevant evidence to the defence. The prosecutor, very much to his credit, acknowledged the serious problems caused by the failure to disclose and decided to drop all the criminal charges in exchange for a plea to driving without due care and attention. Client received a small fine and was able to keep driving for work. Not guilty on all criminal charges. No trial necessary.
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Client was the driver of a vehicle that was under police surveillance. The police observed six transactions they thought were consistent with drug trafficking take place at the passenger side window of the vehicle. The police arrested the client and his passenger and discovered substantial quantities of cocaine, heroin, and methamphetamine in the passenger’s area of the vehicle. The Crown charged the client with possession for the purposes of trafficking all three substances on the theory that he had aided and abetted the trafficking by driving the vehicle. After negotiating with the Crown, Mr. van der Walle was able to convince the prosecutor to drop all the trafficking charges in exchange for the client pleading guilty to simple possession (personal use) of the heroin. Client was discharged on conditions meaning that if he completes his probation without any problems the possession conviction will be expunged from his criminal record. Not guilty of trafficking and client did not do a day in jail. No trial necessary.
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Client was driving home and decided to pass the vehicle in front of her. Before passing she saw lights in the distance but considered that they were very far away and that it was safe to make the pass. Halfway through the pass she realized that in fact the lights were a motorbike that was very close. Tragically, a head on collision resulted and the two occupants of the motorbike were killed. Client was charged with driving without due care and attention contrary to the Motor Vehicle Act. At trial, Mr. van der Walle successfully argued that the client had exercised due diligence in making the pass and, although mistaken, had an honestly held belief that it was safe to pass when she made the fateful decision to do so. Not guilty.
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A police officer attended a rural property to inform the client that he no longer had to attend court to answer to a charge. While on the property, the officer noticed that a truck did not have the correct licence plate. After querying the vehicle in his computer system he determined that the truck was stolen. The client was arrested and he made some comments to the officer suggesting that the truck was controlled by him. As a result he was charged with possession of stolen property over $5000.00. At trial, Mr. van der Walle successfully argued that the Crown had failed to prove that the statements made by the client about the truck being his were free and voluntary. As such, the judge excluded the statements from evidence. The Crown prosecutor, very much to his credit, decided that he no longer had enough evidence to continue with the prosecution and directed a stay of proceedings. Client did not testify.
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Client went to leave a bar but noticed a police officer driving by. He quickly ran away from his vehicle so as not to be seen by the officer in the travelling vehicle. Little known to the client, another police officer was watching all of this from another police vehicle parked close by. After the client thought the “coast was clear”, he got back in his car and drove away. He was pulled over soon later. He provided a sample of his breath into a roadside device which produced a “fail” reading and was arrested because of it. He eventually provided samples of his breath well in excess of the legal limit and was charged accordingly. A few weeks before trial Mr. van der Walle sent Notice of his Constitutional Argument to the Crown alleging that the client’s Charter rights had been violated in numerous ways both at the scene and back at the detachment. The prosecutor agreed and on New Year’s Eve the client got a gift of sorts by way of news that the Crown had decided to drop all the charges. No trial necessary.
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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.
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Client was stopped by police after they got reports that a person driving a truck that matched the description of the truck the client was driving had swerved badly into the oncoming lane and made contact with a vehicle, just narrowly avoiding a full head on collision. Client was arrested and taken back to the police detachment where he blew almost 4 times over the legal limit. As a result of all of this he was charged with impaired driving offences as well as dangerous driving and leaving the scene of an accident. He faced serious jail time because he had numerous prior impaired driving convictions. At the outset of the litigation Mr. van der Walle requested detailed disclosure documents related to the breathalyzer machine that was used to analyze a sample of the client’s breath. The Crown failed to produce these documents to the defence in a timely manner and as a result Mr. van der Walle filed an application for a judicial stay of proceedings on the basis that the Crown and police had violated the client’s constitutional right to full disclosure of the case against him. Mr. van der Walle now had the leverage he needed and the prosecutor agreed to drop all the criminal charges in exchange for a plea to driving without due care and attention contrary to the Motor Vehicle Act. Client paid a small fine and was able to keep driving for work so he did not lose his job.
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Client was found unconscious behind the wheel of his running truck as it sat straddling the white line of a busy highway. When the police officer opened the door of the vehicle he immediately smelled the distinct odours of alcohol and ether. Soon after he smelled the odour of alcohol on the client’s breath. Upon searching the vehicle, the officer found an empty vodka bottle and a partially empty canister of ether. At trial, Mr. van der Walle called an expert toxicologist to the stand to testify that the overwhelmingly symptoms of drunkenness observed by the officer were equally as consistent with intoxication from ether as they were with intoxication from alcohol. In the end the judge had a doubt that the client had voluntarily become intoxicated. That is, because it was possible the ether canister discharged by itself, there was a doubt that the client intentionally became intoxicated. Not guilty. Client did not testify.
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Client drove his vehicle hard into a tree. His passenger was seriously injured. The police arrived at the scene and one thing led to another and the client eventually blew well over the legal limit at the police detachment. Client was charged with impaired driving causing bodily harm and hired Mr. van der Walle to defend him. On the day of trial the Crown accepted a plea to driving without due care and attention contrary to the Motor Vehicle Act and dropped the criminal charges. Client received a fine and was put on probation for a year that permitted him to keep driving for work related reasons.
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The police had obtained a warrant to search the client’s house for evidence of drug trafficking. On the morning of the day the police were to execute the warrant the client was observed leaving his house in a vehicle registered to him. A number of what the police refer to as “hand to hand” transactions were observed. The client was pulled over in his vehicle and arrested. A search of the vehicle turned up significant amounts of cash and heroin. Minutes later other police officers entered the client’s house under the authority of the warrant. Substantial amounts of cocaine and money were found during the search. Client was charged with possession for the purposes of trafficking both heroin and cocaine. Mr. van der Walle was able to identify a number of problems with the warrant and the grounds for the arrest. The Crown opted to stay the proceedings (effectively “dropping” the charges) a couple of weeks before the preliminary inquiry was set to begin. No trial necessary. Client did not do a day in jail and even had the cash found at his home during the search returned to him.
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