Charged with impaired driving and over .08. Police apprehend AKK in a parking lot as a consequence of a citizens complaint of possible impaired driving. The police observed various indicia of impairment including bloodshot eyes, problematic balance and the strong smell of alcohol. AKK was arrested and escorted to the police station where she provided two samples of her breath into the intoxilyzer with readings well in excess of the legal limit. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial. Bottom Line: At trial Patrick Fagan raised a number of defences and sought relief pursuant to the Charter. Given the complexity of the proceedings the presiding Judge invited written legal argument. At the end of the day the Court entered verdicts of not guilty on all charges.