Charge of refusing to provide a roadside sample. The police were sitting in the parking lot of a bar when they observed ACN back out of a parking spot. The police stopped ACN, formed the suspicion that he had alcohol in his body and demanded a sample of his breath for roadside analysis – the result was a “fail”. ACN was escorted to the police station where he refused to provide samples of his breath into the intoxilyzer. Patrick Fagan entered pleas of not guilty and scheduled a trail. Bottom Line: Patrick Fagan challenged the lawfulness of the roadside demand on Charter grounds resulting in the ultimate withdrawal of the charge at trial.