R. v. C.C. [Provincial Court, Airdrie, April 2016]

C.C. was criminally charged with impaired care and control of a vehicle; failing to provide a sample of her breath; and failing to stop at the scene of an accident. At approximately 4:00am the police responded to a call of a motor vehicle collision. The police found C.C. allegedly slurring her speech, unbalanced, unable to form logical sentences and her breath smelled like alcohol. She was arrested on the scene, taken to the police station and alleged to have failed to provide samples of her breath (which carries the same penalty as impaired driving).  The matter proceeded to trial and the Crown ultimately withdrew the impaired driving charge and the refusal charge in the middle of Ms. Fagan’s cross-examination of the Crown’s main witness. The Crown proceeded to argue for a conviction on the charge of failing to remain at the scene of the accident. Ms. Fagan successfully argued that the Crown had not proven the case beyond a reasonable doubt.  C.C. was acquitted of all criminal charges.