An attempt to have evidence thrown out in a Victoria drug trafficking case was dismissed in B.C. Supreme Court.

In May 2018, Peter Alexander and girlfriend Danika Dawn Gambles were reported to be in a white Pontiac low rider in the McDonald’s drive-thru on Pandora Avenue with two guns in the car.

READ ALSO: Six people taken into custody in Victoria drug trafficking investigation

When Sgt. Niederlinski arrived, the car was gone. Police found the witness, who refused to speak to them or identify themselves, but when two police officers located a car that matched the description, Nierderlinski “ordered that the vehicle be taken down and the occupants arrested for possession of firearms.”

Alexander and Gambles were jointly charged with possession of illicit substances for the purpose of trafficking, as well as possession of bear spray and a taser for a purpose dangerous to public peace.

They pair claimed Nierderlinski did not have grounds to make an arrest since the witness refused to speak to police.

Madam Justice Murray ruled that “it was a fluid situation” and “Niederlinski had to make a quick decision.”

She wrote that “police had to act.

To not do so would have been a dereliction of their duty to protect the public.”

The duo’s trial is set to begin March 21 in Victoria.

READ ALSO: Crown seeks 17 years for man convicted drug trafficking, possession of prohibited firearms