11. Regina v. R.R.R. [Provincial Court of Alberta , Strathmore – October 2013]

Charged with impaired driving and over .08. The police responded to a possible break and enter and upon arriving in the vicinity observed a suspect vehicle operated by RRR. The police pursued the vehicle and RRR pulled immediately to the side of the road. The police took RRR down at gunpoint and arrested him for break and enter. Well . . . the break and enter complaint turned out to be bogus but the police re arrested RRR for impaired driving and escorted him to the detachment where he provided two samples of his breath well in excess of the legal limit. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial date. Bottom Line: a trial was held during which Patrick Fagan raised a number of defenses including the violation of a number of RRR’s Charter rights. The Court invited written legal submissions but prior to the preparation of same the Crown acknowledged the strength of the Defence position and terminated this prosecution in its entirety by way of the entry of a stay of proceedings .