The judge presiding over a case involving a man charged with dangerous driving declared a mistrial on Tuesday.

Kyle Matthew Colthurst, 31, is facing several charges involving a two vehicle collision on April 4, 2014 which claimed the life of 20-year-old Katie Robson.

The LaSalle woman’s SUV was struck by another vehicle on Lauzon Road.

Colthurst’s defense lawyer tells CTV News Superior Court Justice George King realized when he was a lawyer, he acted against one of Brian Dube’s witnesses.

The witness is a former Windsor police officer that Dube wants to bring to the stand as a collision expert.

Dube says the trial will start over on Wednesday morning with a new judge.

Colthurst pleaded not guilty to five charges, including dangerous driving causing death, failing to remain at an accident and failing to provide a breath sample to police on Tuesday.

Dube expects to reintroduce a charter application, arguing his client rights were violated when police failed to let him talk to a lawyer when they detained him for questioning.

Colthurst was arrested about three blocks from the accident scene.  His vehicle was heavily damaged and he told police someone had "side-swiped" him.