1. Regina v. D.D.D. [Provincial Court of Alberta, Calgary – January 2014]

Regina v. D.D.D. [Provincial Court of Alberta, Calgary – January 2014] Client charged with impaired driving and refusing to provide breath samples after rear ending a vehicle at an intersection. Patrick Fagan entered pleas of not guilty to all charges and scheduled a trial. Bottom Line: The Crown withdrew the refusal charge on the strength of our Charter notice and a verdict of not guilty was entered at the conclusion of trial proceedings on the remaining charge of impaired driving.

2. Regina v. W.S.S. [Provincial Court of Alberta, Calgary – January 2014]

WSS charged with impaired driving and refusing to provide samples of her breath into the intoxilyzer. According to the police WSS lost control of her vehicle and ran over a stop sign. The police claimed that WSS smelled strongly of alcohol, had slurred speech, was unsteady on her feet and swayed from side to side. The police stated that WSS was extremely uncooperative. Patrick Fagan entered pleas of not guilty to all charges and a scheduled a trial. Bottom Line: …

3. Regina v. T.D.B. [Provincial Court of Alberta, Calgary – February 2014]

Client charged with impaired driving and over .08. The police found T.D.B. asleep at the wheel in the middle of the road with the vehicle running. The police formed the opinion that his ability to operate a motor vehicle was impaired by alcohol and escorted him to the station where they discover that his blood alcohol level is over twice the legal limit. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial. Bottom Line: At …

4. Regina v. C.J.N. [Provincial Court of Alberta, Calgary – February 2014]

CJN charged with impaired driving and over .08. According to the police he pulled an illegal u-turn and when apprehended displayed various indicia of impairment. CJN also blew a “fail” on the roadside screening device. Patrick Fagan entered pleas of not guilty to all charges and scheduled a trial. Bottom Line: On the date scheduled for trial the Crown acknowledged the strength of Patrick Fagan’s constitutional arguments vis a vis the over .08 charge and the inherent weakness of the …

5. Regina v. C.D.J. [Provincial Court of Alberta, Calgary – February 2014]

CDJ charged with impaired driving and refusing to provide a sample of his breath for roadside analysis. According to the police they responded to a report of a vehicle “swerving all over the road”. They located a vehicle and when they spoke with the driver they determined that he had been drinking so they demanded that he provide a sample of his breath for roadside analysis. According to the police CDJ refused or failed to provide a suitable sample. Patrick …

6. Regina v. A.A.T. [Provincial Court of Alberta, Calgary – March 2014]

AAT charged with impaired driving and over .08. According to the police they were on the lookout for an erratic driver when they came across a vehicle that had rolled into the ditch. AAT was still seated in the driver’s seat and according to the police although there was an open bottle of vodka by the driver’s seat. Subsequent blood samples obtained by the police at the hospital revealed that his blood alcohol level was well in access of the …

7. Regina v. S.S.S. [Provincial Court of Alberta, Leduc – March 2014]

SSS charged with impaired driving and refusing to provide samples of her breath into the intoxilyzer. According to the police SSS had been involved in a domestic dispute with her husband and was aggressively pursuing him in her vehicle. The man sought refuge in the RCMP parking lot but SSS continued the chase. Not surprisingly, the police attended the parking lot whereupon they made certain observations of SSS which lead them to conclude that her ability to operate a motor …

8. Regina v. A.B.A. [Provincial Court of Alberta, Calgary – March 2014]

ABA charged with impaired driving and over .08. ABA was heading home from the bar when she came across a check stop. Police determined that she had alcohol in her body so they demanded that she provide a sample of her breath for roadside analysis – she blew “fail”. ABA was escorted to the breathalyzer bus where she provided two samples of her breath, both of which were over twice the legal limit. Patrick Fagan entered pleas of not guilty …

9. Regina v. R.B.R. [Provincial Court of Alberta, Cochrane – March 2014]

RBR charged with impaired driving and over .08. A bouncer at a local watering hole observed RBR leaving the bar and, believing him to be impaired, called the police. The police apprehended RBR, administered the roadside screening device (which registered a `fail`) and escorted him to the local detachment where he provided two samples of his breath over twice the legal limit. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial. Bottom Line: The evidence …

10. Regina v. J.C.C. [Provincial Court of Alberta, Okotoks –April 2014]

Client charged with impaired driving and refusing to provide samples of his breath into the intoxilyzer. A Sheriff observed an adverse driving pattern on the part of the exotic vehicle being operated by JCC, stopped that vehicle and summoned the RCMP. According to the police JCC displayed symptoms of impairment including slurred speech, odour of alcohol, problematic balance and focus. Despite repeated unsuccessful attempts to reach his counsel of choice the police compelled JCC to make a decision relative to …

11. Regina v. K.S.R. [Provincial Court of Alberta, Pincher Creek – March 2014]

Charged with impaired driving and over .08. Police received an anonymous complaint of an impaired driver who (according to the caller) couldn`t walk, let alone drive. Police located KSR and upon apprehension observed the following indicia of impairment – glossy eyes, trouble focusing, slurred speech, wobbly head, scent of alcohol and inability to sit straight. KSR was arrested and thereafter provided two samples of his breath with readings at twice the legal limit. Patrick Fagan entered pleas of not guilty …

12. Regina v. D.A.H. [Provincial Court of Alberta, Calgary –April 2014]

Client charged with impaired driving and over .08. The police observed DAH operating a motor vehicle at a high rate of speed. The police stopped DAH and observed that he had problems balancing and took an extra wide stance while walking. The police administered the roadside screening device and it registered `fail`. DAH was arrested and thereafter provided two samples of his breath with readings in excess of the legal limit. Patrick Fagan entered pleas of not guilty to both …

13. Regina v. K.L.W. [Provincial Court of Alberta, Cochrane– April 2014]

Charged with impaired driving and over .08. The RCMP responded to a complaint of a suspicious vehicle which had been stationary, running and playing loud music for the past two hours. The police attended the vehicle and found KLW reclined in the driver`s seat. According to the police KLW saw the vehicle being turned off and observed KLW attempted to place the vehicle keys in his pocket. Police also observed a pool of vomit adjacent to the driver’s door on …

14. Regina v. S.C.F. [Provincial Court of Alberta, Calgary –April 2014]

Charged with impaired driving and refusing to provide samples of breath for roadside analysis. The police stopped SCF for running a stop sign. The police could smell alcohol on the breath of SCF so they demanded that he provide a sample of his breath for roadside analysis. SCF’s immediate response was “no, just charge me”. The police were pleased to honour SCF’s request and charged him accordingly. Patrick Fagan entered pleas of not guilty to both charges and scheduled a …

15. Regina v. K.K.P. [Provincial Court of Alberta, Calgary –April 2014]

Charged with impaired driving and over .08. Shortly before midnight the police observed a truck drive off a front lawn and onto the road; the yard had a damaged fence. The police pursued the truck and when it stopped the driver started walking across the street away from the police. According to the police KKP had a blank stare, was taking high and deliberate steps and stumbled. The police grabbed the accused by the neck and forced him onto the …

16. Regina v. D.F.M. [Provincial Court of Alberta, Calgary – May 2014]

Charged with impaired driving and over .08. A concern citizen called the police after observing a truck driven by DFM driving erratically; the civilian also observed what appeared to be vomit running down the side of the driver’s door. DFM was apprehended by the police and they observed the following indicia of impairment – flushed face, glassy blood shot eyes, slow speech and lethargic movements. DFM was arrested and provided two samples of his breath with readings in excess of …

17. Regina v. C.D.B. [Provincial Court of Alberta, Calgary –May 2014]

Charged with impaired driving and refusing to provide samples of breath into the intoxilyzer. CDB observed the police manhandling a suspect outside a bar and cautions the police about their behaviour – he also takes a video of the event with his iPhone. Approximately 10 minutes later CDB is pulled over by the same peace officers and arrested for impaired driving. He is taken to the police station where he refuses to provide a sample of his breath into the …

18. Regina v. K.P.M. [Provincial Court of Alberta, Calgary – June 2014]

Client charged with impaired driving and over .08. According to the police and several eye witnesses KPM rear-ended a cab stopped at a red light. When the police arrived they observed multiple symptoms of impairment including unsteadiness on her feet, almost falling as she left her vehicle, blood shot eyes, flush cheeks, mumbling and a fixed gaze. Samples of her breath were obtained back at the detachment with readings well in excess of the legal limit. As there was a …

19. Regina v. S.Y.S. [Provincial Court of Alberta, Calgary – September 2014]

Charged with impaired driving and over .08. Police observed SYS`s vehicle speeding and driving erratically. On apprehension police observed indicia of impairment including difficulty producing documents, strong smell of alcohol and confusion. SYS provided two samples of his breath with blood alcohol reading in excess of twice the legal limit. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial. Bottom Line: Patrick Fagan challenged the admissibility of the certificate of analysis on Charter grounds; all …

20. Regina v. E.K.E. [Provincial Court of Alberta, Calgary – September 2014]

EKE came to the attention of the police as he was walking from a bar to a parking lot. According to the police he had trouble maintaining his balance and initially tried to enter the wrong vehicle. The police apprehended EKE and upon doing so observed multiple indicia of impairment including a strong smell of alcohol, slurred speech, blood shot eyes and problematic motor skills. There was no breath tech available so samples of EKE’s breath could not be obtained. …