10. Regina v. L.M.N. [Provincial Court of Alberta, Calgary – September 2013]

According to civilian witnesses LMN was operating his motor vehicle at a high rate of speed while weaving in and out of traffic. Witnesses also observed LMN fail to stop for a stopped vehicle, rear-ending it and causing significant damage to both vehicles. The police were summoned to the scene where they formed the suspicion that LMN had consumed alcohol. The police demanded a sample of LMN’s breath for roadside analysis – LMN refused to provide a sample. The police arrested LMN, escorted him to the police station and obtained three samples of his breath into the intoxilyzer with readings well in excess of twice the legal limit. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial. Bottom Line: At the conclusion of trial proceedings verdicts of not guilty were entered on all charges.