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 “timing“ problem concerning the taking of the samples the Crown called an expert; the opinion of the expert was that at the time of driving KPM was approximately three times the legal limit. Patrick Fagan entered pleas of not guilty to all charges and scheduled the matter for trial. Bottom Line: During the course of trial Patrick Fagan conducted extensive cross-examination of the primary investigating officers resulting in the complete dismissal of all charges at the conclusion of trial proceedings.