1. Regina v. S.T.W. [Provincial Court of Alberta, Calgary – March 2013]

Client charged with impaired driving and over .08. The police found S.T.W. parked in the middle of the road at a major intersection. When the police approached the vehicle it began to jerk slowly forward but eventually came to a stop. The police had reason to suspect that STW had consumed alcohol so they demanded a sample of her breath for roadside analysis. A sample was provided with the result of “fail”. STW was escorted to the police station where …

2. Regina v. J.L.L. [Provincial Court of Alberta, Cochrane – March 2013]

JLL charged with impaired driving and failing to provide samples of his breath into the intoxilyzer. Police responded to a citizen’s complaint of an impaired driver who was swerving on the highway and driving into the ditch. The police located a suspect vehicle driven by JLL. According to the police he smelled of alcohol and was wobbly and unsteady on his feet. He was arrested for impaired driving and escorted to the RCMP detachment where he refused to provide samples …

3. Regina v. A.B.D. [Provincial Court of Alberta, Cochrane – April 2013]

Charged with impaired driving and over .08. ABD drove through a check stop where the police suspected that she had alcohol in her body so they demanded a sample of her breath for roadside analysis – result: “fail”. ABD was escorted onto the bus where she provided two samples of her breath with readings in excess of twice the legal limit. Patrick Fagan entered pleas of not guilty to both charges. Bottom Line: The primary investigating officer committed multiple errors …

4. Regina v. A.C.N. [Provincial Court of Alberta, Calgary – April 2013]

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 …

5. Regina v. M.A.N. [Provincial Court of Alberta, Calgary– May 2013]

Charged with impaired driving and over .08. According to several civilian witnesses MAN was driving her vehicle close to the shoulder of the road and collided with a parked vehicle. The police (suspecting that MAN had alcohol in her body) demanded a sample of her breath for roadside analysis – the result was a “fail”. MAN was taken to the police station where she provided two samples of her breath with results above the legal limit. Patrick Fagan entered pleas …

6. Regina v. K.N.N. [Provincial Court of Alberta, Airdrie – May 2013]

Charged with impaired driving and over .08. The police stopped KNN as a result of a citizen’s complaint. The police observed various indicia of impairment including slurred speech, glossy eyes and problematic motor skills. KNN was arrested and taken to the detachment where she provided two samples of her breath with readings well over twice the legal limit. Patrick Fagan entered pleas of not guilty to both charges. Bottom Line: As a consequence of a problematic investigation and the corresponding …

7. Regina v. A.K.K. [Provincial Court of Alberta , Calgary – June 2013]

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 …

8. Regina v. R.R.R. [Provincial Court of Alberta, Calgary – July 2013]

Charged with impaired driving and over .08. According to civilian witnesses RRR was operating a pickup truck when he collided with an 18 wheeler. The police attended the scene and observed various indicia of impairment including slurred speech, glassy eyes, unsteady and lethargic movements. The police arrested RRR for impaired driving and escorted him to the station where he provided two samples of his breath well in access of the legal limit. Patrick Fagan entered pleas of not guilty to …

9. Regina v. M.P.P. [Provincial Court of Alberta , Calgary – August 2013]

Charged with impaired driving and refusing to provide a sample breath for roadside analysis. According to several civilian witnesses MPP rear ended a vehicle stopped at a red light. The police were summoned to the scene where they attempted to administer the roadside screening device – MPP refused to provide a sample. Patrick Fagan entered pleas of not guilty to both charges. Bottom Line: Given the multiple investigative irregularities in this case Patrick Fagan sent a detailed letter/report to the …

10. Regina v. L.M.N. [Provincial Court of Alberta, Calgary – September 2013]

According to civilian witnesses LMN was operating his motor vehicle at a high rate of speed while weaving in and out of traffic. Witnesses also observed LMN fail to stop for a stopped vehicle, rear-ending it and causing significant damage to both vehicles. The police were summoned to the scene where they formed the suspicion that LMN had consumed alcohol. The police demanded a sample of LMN’s breath for roadside analysis – LMN refused to provide a sample. The police …

11. Regina v. R.R.R. [Provincial Court of Alberta , Strathmore – October 2013]

Charged with impaired driving and over .08. The police responded to a possible break and enter and upon arriving in the vicinity observed a suspect vehicle operated by RRR. The police pursued the vehicle and RRR pulled immediately to the side of the road. The police took RRR down at gunpoint and arrested him for break and enter. Well . . . the break and enter complaint turned out to be bogus but the police re arrested RRR for impaired …

12. Regina v. J.S.H. [Provincial Court of Alberta, Calgary – November 2013]

Charged with impaired driving and over .08. Police observed JSH operating a motor vehicle erratically – swerving, traveling on the wrong side of the road and almost hitting the ditch. The police apprehended JSH and noted that he had red glossy eyes, the smell of alcohol on his breath and was unsteady on his feet. JSH was escorted to the police station where he provided two samples of his breath in excess of the legal limit. Patrick Fagan entered pleas …

13. Regina v. R.J.D. [Provincial Court of Alberta, Strathmore– November 2013]

Charged with impaired driving and over .08. Police pulled RJD over as a consequence of an obscured license plate. The police formed a suspicion that he had alcohol in his body so they demanded a sample of his breath for roadside analysis – the result was a ‘fail’. RJD was escorted to the detachment where he provided two samples of his breath well in access of the legal limit. Patrick Fagan entered pleas of not guilty to both charges. Bottom …

14. Regina v. D.T.M. [Provincial Court of Alberta, Calgary – November 2013]

Charged with impaired driving and over .08. According to civilian witnesses DTM failed to stop for a red light and collided with another vehicle. The police were summoned to the scene where they observed the following indicia of impairment on the part of DTM – slurred speech, glazed eyes, dilated pupils and unsteadiness on his feet. DTM was arrested for impaired driving and escorted to the police station where he provided two samples of his breath with reading of three …

15. Regina v. M.P.M. [Provincial Court of Alberta, Calgary – November 2013]

Charged with impaired driving and over .08. Police were driving behind MPM’s vehicle and observed it to be swerving in and out of the lane at a slow speed. The police stopped MPM, administered the roadside screening device (which registered “fail”) and arrested him for impaired driving. MPM was escorted to the detachment where he provided two samples of his breath well in excess of the legal limit. Patrick Fagan entered pleas of not guilty and scheduled a trial. Bottom …

16. Regina v. A.S.G. [Provincial Court of Alberta, Calgary – November 2013]

Charged with impaired driving and over 0.08. Police observed ASG strike a concrete medium and then return to its lane of travel. The police stopped ASG, detected a strong odour of alcohol and demanded that he provide samples of his breath for roadside analysis – result “fail”. The police arrested ASG, escorted him to the police station and obtained two samples of his breath into the intoxilyzer with readings well in access of the legal limit. Patrick Fagan entered pleas …