4. Regina v. C.J.N. [Provincial Court of Alberta, Calgary – February 2014]

CJN charged with impaired driving and over .08. According to the police he pulled an illegal u-turn and when apprehended displayed various indicia of impairment. CJN also blew a “fail” on the roadside screening device. Patrick Fagan entered pleas of not guilty to all charges and scheduled a trial. Bottom Line: On the date scheduled for trial the Crown acknowledged the strength of Patrick Fagan’s constitutional arguments vis a vis the over .08 charge and the inherent weakness of the …

14. Regina v. X.X.X. [Provincial Court of Alberta, Calgary – June 2014]

While partying hard at a casino XXX decided to continue the festivities in a stall of the men’s washroom. Casino security hit the stall door and seized from XXX a quantity of cocaine and oxycodone. Casino security held XXX until the police arrived. The police charged XXX with two counts of possession of a controlled substance. XXX’s career as a professional firefighter was (no pun intended) on the line. Bottom Line: through the efforts of Patrick Fagan arrangements were made …

15. Regina v. S.R. [Provincial Court of British Columbia, Salmon Arm – June 2014]

The police conducted an investigation into a suspected residential marijuana grow operation. The investigation included ongoing surveillance, British Columbia hydro records, communication with Health Canada and FLIR examination of the heat signatures emanating from the residence. The police sought and obtained a warrant to search the home of SR. A search revealed the presence of a sophisticated three stage marijuana grow operation which (according to the police) would yield annual monetary returns of approximately $300,000.00. When the police kicked in …

5. Regina v. C.D.J. [Provincial Court of Alberta, Calgary – February 2014]

CDJ charged with impaired driving and refusing to provide a sample of his breath for roadside analysis. According to the police they responded to a report of a vehicle “swerving all over the road”. They located a vehicle and when they spoke with the driver they determined that he had been drinking so they demanded that he provide a sample of his breath for roadside analysis. According to the police CDJ refused or failed to provide a suitable sample. Patrick …

6. Regina v. A.A.T. [Provincial Court of Alberta, Calgary – March 2014]

AAT charged with impaired driving and over .08. According to the police they were on the lookout for an erratic driver when they came across a vehicle that had rolled into the ditch. AAT was still seated in the driver’s seat and according to the police although there was an open bottle of vodka by the driver’s seat. Subsequent blood samples obtained by the police at the hospital revealed that his blood alcohol level was well in access of the …

17. Regina v. C.C.C. (Court of Queen’s Bench of Saskatchewan, Battleford, June 2014)

As a consequence of information received from a confidential source the RCMP conducted an investigation relative to a potential residential marijuana grow operation in rural Saskatchewan. The RCMP ultimately obtained a warrant to search the home and upon entry observed CCC, another male and three pit bulls in the living room. After securing the pit bulls and arresting the male occupants the police searched the home and found approximately 200 plants in an upstairs bedroom and a sophisticated marijuana grow …

7. Regina v. S.S.S. [Provincial Court of Alberta, Leduc – March 2014]

SSS charged with impaired driving and refusing to provide samples of her breath into the intoxilyzer. According to the police SSS had been involved in a domestic dispute with her husband and was aggressively pursuing him in her vehicle. The man sought refuge in the RCMP parking lot but SSS continued the chase. Not surprisingly, the police attended the parking lot whereupon they made certain observations of SSS which lead them to conclude that her ability to operate a motor …

18. Regina v. J.H.X. [Provincial Court of Alberta, Calgary – July 2014]

JHX passed a marked patrol car in his Cadillac while smoking a “joint”. Not surprisingly, the police stopped JHX whereupon they immediately detected the overwhelming scent of cannabis marijuana. JHX was arrested and a subsequent search of the Caddy revealed multiple packages of powder and rock cocaine; 3 cellular phones and cash were found on JHX. The cellular phone, which rang constantly, was answered by the police who then engaged the callers in drug related conversations. JHX was charged with …

8. Regina v. A.B.A. [Provincial Court of Alberta, Calgary – March 2014]

ABA charged with impaired driving and over .08. ABA was heading home from the bar when she came across a check stop. Police determined that she had alcohol in her body so they demanded that she provide a sample of her breath for roadside analysis – she blew “fail”. ABA was escorted to the breathalyzer bus where she provided two samples of her breath, both of which were over twice the legal limit. Patrick Fagan entered pleas of not guilty …

19. Regina v. H.I.K. [Provincial Court of Alberta, Lethbridge – July, 2014]

The RCMP were dispatched to assist the US Border Patrol in pursuit of an SUV that was ostensibly trying to cross into Canada illegally. During the pursuit the SUV crashed leaving behind approximatley10 kilograms of cocaine valued (according to the police) at around a million ($1,000,000.00) dollars. All occupants of the SUV fled the scene prior to the police attendance. The next day the RCMP responded to a suspicious persons complaint and located HIK under a bridge not too far …

9. Regina v. R.B.R. [Provincial Court of Alberta, Cochrane – March 2014]

RBR charged with impaired driving and over .08. A bouncer at a local watering hole observed RBR leaving the bar and, believing him to be impaired, called the police. The police apprehended RBR, administered the roadside screening device (which registered a `fail`) and escorted him to the local detachment where he provided two samples of his breath over twice the legal limit. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial. Bottom Line: The evidence …

20. Regina v. J.C.L. [Provincial Court of Alberta, Calgary – September 2014]

The police attended the scene of a minor residential fire. The firefighters, who had already cleared the residence, informed the police that they had observed a number of items associated with illegal drug use. The police entered the residence (without a warrant) and observed what they believed to be a substantial quantity of drug paraphernalia. The police left the residence and proceeded to interrogate JCL outside the home. JCL refused to cooperate with the police so they re-entered the home …

10. Regina v. J.C.C. [Provincial Court of Alberta, Okotoks –April 2014]

Client charged with impaired driving and refusing to provide samples of his breath into the intoxilyzer. A Sheriff observed an adverse driving pattern on the part of the exotic vehicle being operated by JCC, stopped that vehicle and summoned the RCMP. According to the police JCC displayed symptoms of impairment including slurred speech, odour of alcohol, problematic balance and focus. Despite repeated unsuccessful attempts to reach his counsel of choice the police compelled JCC to make a decision relative to …

21. Regina v. D.I. [Provincial Court of Alberta, Calgary – September 2014]

During the course of a street level police undercover operation DI allegedly sold a small quantity of cannabis marijuana to an undercover officer. At first glance DI would appear to have been “dead in the water” but because the Crown adopted a harsh stance relative to sentence (i.e.: “jail”) we had nothing to lose by entering a plea of not guilty and making the Crown prove its case. Bottom Line: As the trial date approached the Crown was faced with …

11. Regina v. K.S.R. [Provincial Court of Alberta, Pincher Creek – March 2014]

Charged with impaired driving and over .08. Police received an anonymous complaint of an impaired driver who (according to the caller) couldn`t walk, let alone drive. Police located KSR and upon apprehension observed the following indicia of impairment – glossy eyes, trouble focusing, slurred speech, wobbly head, scent of alcohol and inability to sit straight. KSR was arrested and thereafter provided two samples of his breath with readings at twice the legal limit. Patrick Fagan entered pleas of not guilty …

22. Regina v. D.E.M. [Provincial Court of Alberta, Calgary – September 2014]

Police pulled DEM over for tinted windows and not wearing a seat belt. As the police approached DEM’s vehicle they detected the overwhelming scent of marijuana. The police arrested DEM and a subsequent search of the vehicle resulted in the seizure of a number of oxycodone (morphine) pills and a small quantity of marijuana. DEM was charged with two counts of possession of a controlled substance. Bottom Line: Patrick Fagan was successful in resolving this prosecution in a manner which …

12. Regina v. D.A.H. [Provincial Court of Alberta, Calgary –April 2014]

Client charged with impaired driving and over .08. The police observed DAH operating a motor vehicle at a high rate of speed. The police stopped DAH and observed that he had problems balancing and took an extra wide stance while walking. The police administered the roadside screening device and it registered `fail`. DAH was arrested and thereafter provided two samples of his breath with readings in excess of the legal limit. Patrick Fagan entered pleas of not guilty to both …

23. Regina v. P.D.L. [Provincial Court of Alberta, Calgary – September 2014]

PDL entered a residence that was the target of surveillance by the “Guns and Gangs Unit”. The police observed PDL depart the residence carrying a bag and when they took him down they discovered the bag contained a half pound of cannabis marijuana and approximately $1,000.00. The police charged PDL with possession of marijuana for the purpose of trafficking and possession of proceeds of crime. Pleas of not guilty were entered to both charges and a trial scheduled. Bottom Line: …

13. Regina v. K.L.W. [Provincial Court of Alberta, Cochrane– April 2014]

Charged with impaired driving and over .08. The RCMP responded to a complaint of a suspicious vehicle which had been stationary, running and playing loud music for the past two hours. The police attended the vehicle and found KLW reclined in the driver`s seat. According to the police KLW saw the vehicle being turned off and observed KLW attempted to place the vehicle keys in his pocket. Police also observed a pool of vomit adjacent to the driver’s door on …