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 of not guilty to both charges and scheduled a trial. Bottom Line: As a consequence of the strength of Patrick Fagan’s Charter arguments all charges were completely withdrawn at trial.