Another repeat client, Mr. B. was charged out of Fort Saskatchewan with assaulting a peace officer. After a night of drinking it was decided that a friend would drive Mr. B.’s truck home. While on route the truck was pulled over by officers and an impaired investigation was conducted. During the incident, our client exited his vehicle to have a cigarette. He then made the unfortunate decision to intervene. The officers directed him to get back in the vehicle several times and he refused. When he did not they attempted to place him under arrest and it was alleged that he assaulted the officer. Mr. B. had no criminal record and was now facing a jail sentence. Here, the legal argument focused on whether the client was arrestable in the first place. It was argued that the client was certainly being belligerent to the officers yet this did not provide sufficient grounds to legitimize the arrest. As the arrest was unlawful, it was argued that the altercation with the officer ought be excluded from evidence. In the end the Crown agreed and withdrew the charges without the need for a trial.