The RCMP intercepted CMM on radar at a speed of approximately 160 km/h westbound on Highway #1. During the course of the stop the police observed indicia consistent with impairment of his ability to operate a motor vehicle by alcohol and arrested him for impaired driving. During the course of a “pat down” search the police seized a baggie containing cocaine. CMM was charged with impaired driving, over .08, dangerous driving and possession of cocaine. Patrick Fagan entered pleas of not guilty to all charges and scheduled a trial.
At the end of a hard fought trial before Her Honour Judge Shriar CMM was convicted as charged. Patrick Fagan immediately filed an appeal from those convictions; the appeal was successful, all convictions overturned, and a new trial was ordered.
A new trial was scheduled but before commencement of those proceedings the matter was resolved by way of an arrangement resulting in the complete withdrawal of all charges.