SAA got in a fight with another motorist which resulted in a bystander calling the police. While enroute to the scene the police observed SAA pass them in his motor vehicle. The police activated their emergency lights and engaged in a pursuit of SAA. SAA slowed, pulled to the side of the road and (while his vehicle was still moving forward) jumped from his vehicle and took flight. SAA’s vehicle came to a halt against a curb half way down the block and SAA was apprehended while trying unsuccessfully to climb the fence.
A search of SAA and his vehicle revealed the presence of 27 individually wrapped packages of crack cocaine, a quantity of cash, bear spray and several cellular phones. According to the police, SAA resisted arrest and had to be forcefully placed on the ground and restrained. The police charged SAA with possession of cocaine for the purpose of trafficking, possession of proceeds of crime, dangerous driving and resisting arrest.
Patrick Fagan entered pleas of not guilty to all charges and scheduled a trial date. Prior to commencement of trial proceedings Patrick Fagan was successful in having the possession for the purpose of trafficking charge reduced to simple possession of cocaine; Patrick Fagan was also successful in having the corresponding charge of possessing proceeds of crime completely withdrawn. Defence conceded nothing during the course of the negotiations leading up to the reduction in charges and the matter continued to trial on charges of simple possession of cocaine, dangerous driving and resisting arrest.
Bottom Line: On the date scheduled for trial it was abundantly obvious that the police had failed to satisfy the notice requirements germane to the all-important drug certificates. This reality gave rise to last minutes pre-trial negotiations. As a consequence of those negotiations the matter was dealt with by way of a Traffic Safety Act violation and all three criminal/drug charges were completely withdrawn.