Client was charged with refusing to provide a breath sample and driving while disqualified contrary to the Criminal Code. He faced serious jail time as he had many prior impaired driving convictions. Client had blown a “fail” in a roadside screening device but had refused to provide a sample of is breath into the approved instrument when he got back to the detachment. At the first day of trial, Mr. van der Walle established during cross examination that the officer had not followed proper procedures in obtaining the roadside breath sample. Before the second day of trial was set to begin, the prosecutor “dropped” the charges by entering a stay of proceedings on the refusal charge AND the driving while disqualified. Client did not do a day in jail nor did he even pay a fine.
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Client and girlfriend were charged with possession for the purpose of trafficking after the police executed a warrant at their house and found a significant amount of cocaine. Mr. van der Walle discovered some serious inconsistencies in the disclosure materials. Less than a week before the challenge to the warrant was set to begin, the prosecutor opted to stay the proceedings (effectively killing the case). No trial necessary. Client did not do a day in jail.
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The police pulled over a vehicle in which the client was a passenger. Another officer arrived and said that he could smell marihuana wafting from the vehicle. The client and driver were arrested and significant quantities of marihauna, cocaine and morphine were found in a bag between the client’s feet on the floor of the vehicle. Client was charged with possession for the purposes of trafficking. Mr. van der Walle was able to discover some “irregularities” (to put it mildly) in the police officer’s investigative file. A few days before the preliminary inquiry was set to begin the Crown stayed the proceedings (effectively killing the case) on the basis that the police officer lacked credibility and had likely violated the client’s constitutional rights by arresting him. No trial necessary all charges dropped.
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Client was arrested as he drove into Calgary. Police discovered a substantial amount of marihuana in the trunk. Client was a well respected businessman and could not afford to be convicted for possession for the purposes of trafficking. So he hired Mr. Jensen and Mr. van der Walle. After a grueling 5 day trial in front of one of the most Crown oriented judges in Calgary, the Crown folded right before the end of the trial and accepted a plea to simple possession. Client was discharged and put on probation for a mere 4 months with the only condition that he report as directed to a probation officer. In the end, client faced serious jail time but because of the effort of Mr. Van der Walle and Mr. Jensen he will not have a criminal conviction on his record and he did not do a day in jail.
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Client was charged with impaired driving and willfully failing to provide a proper sample of her breath after she had been involved in a serious car accident. She had crossed into the oncoming lane and run head-on into a small car. Thankfully no one was hurt. Officers on scene observed that the client reeked of alcohol and was unsteady on her feet and slurring some of her words. Mr. van der Walle served the Crown with Notice of his argument that his client’s constitutional rights had been violated at the scene of the accident and later at the police detachment. The Crown agreed and accepted a plea to driving without due care and proceeded to drop both criminal charges. Client paid a small fine and kept her licence.
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Clearwater, B.C. Client charged with Sexual Assault. Mr. Jensen successfully argued that the complainant was not believable as Mr. Jensen illustrated through cross examination she had fabricated large parts of her story. NOT GUILTY. See news link: http://www.cbc.ca/news/canada/british-columbia/b-c-bus-driver-wrongly-accused-of-sexual-assault-1.1004582
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Kamloops, B.C. Client charged with Break and Enter, disguising fact to commit and offence, unlawful confinement and assault with a weapon. After a two week trial in the Supreme Court, client was found NOT GUILTY of all charges. Client did not have to testify. Other co-accused were found guilty and were sentenced to Federal jail sentences. See news link: http://www.kamloopsthisweek.com/tiny-escapes-big-charges-in-home-invasion-case/
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Kamloops, B.C. Client charged with Impaired Driving. At the end of the trial, the Judge agreed with Mr. Jensen’s submissions that the accused’s right to a lawyer was violated and as a result, the breathalyzer evidence was be tossed out. NOT GUILTY. See news link: http://www.kamloopsthisweek.com/not-guilty-after-delay-in-contacting-lawyer/
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Fort McMurray, Alberta. Client charged with Aggravated Assault as victim/complainant alleged loss of vision in one eye as a result of altercation with client. Alleged assault happened on the work site. Trial set for two days in the Queens Bench. Mr. Jensen was able to convince Crown and the Court that there was a serious identification problem as no one could positively place our client at the scene of the alleged assault. An insufficient evidence motion was made by Jeremy and client was found NOT GUILTY.
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Hinton, Alberta. Client Charged with Impaired Driving. Client had a prior Impaired driving conviction and was facing a potential jail sentence and significant driving prohibition. Mr. Jensen filed a detailed Charter argument alleging numerous mistakes made by Police. On day of trial, after lengthy discussions with Crown, all charges were dropped.
