8. Regina v. R.R.R. [Provincial Court of Alberta, Calgary – July 2013]

Charged with impaired driving and over .08. According to civilian witnesses RRR was operating a pickup truck when he collided with an 18 wheeler. The police attended the scene and observed various indicia of impairment including slurred speech, glassy eyes, unsteady and lethargic movements. The police arrested RRR for impaired driving and escorted him to the station where he provided two samples of his breath well in access of the legal limit. Patrick Fagan entered pleas of not guilty to both charges and scheduled the trial. Bottom Line: A trial was held and a multitude of defences raised by Patrick Fagan which resulted in the trial judge inviting written legal argument. Once the Crown had an opportunity to review a transcript of the evidence taken at trial and the written legal materials filed by the defence they chose to pre-empt the verdict process and applied to completely withdraw all charges.