20. Regina v. E.K.E. [Provincial Court of Alberta, Calgary – September 2014]

EKE came to the attention of the police as he was walking from a bar to a parking lot. According to the police he had trouble maintaining his balance and initially tried to enter the wrong vehicle. The police apprehended EKE and upon doing so observed multiple indicia of impairment including a strong smell of alcohol, slurred speech, blood shot eyes and problematic motor skills. There was no breath tech available so samples of EKE’s breath could not be obtained. Based on police observations and the aforesaid indicia of impairment they charged him with impaired driving. Bottom Line: Through negotiation with the Crown Patrick Fagan was successful in resolving this matter by way of a complete withdrawal of the charge on the date of trial.