D.J. was observed by police slowing down to 10 km/hr in a vehicle traveling on a major road in Calgary. She was pulled over and she told the police that she had been drinking wine at a friend’s house. She failed the roadside breath test and was arrested. She later gave two samples of her breath that were analyzed at double the legal limit. Ms. Fagan filed a Charter notice alleging that the police breached her client’s right to counsel before taking breath samples from her and that because of this the breath samples should be excluded from evidence. Ms. Fagan argued that while the police had provided D.J. with access to a lawyer, they had not given her access to a criminal lawyer. Ms. Fagan was able to secure a trial date for her client less than 3 months after her arrest.
BOTTOM LINE: On the morning of trial Ms. Fagan convinced the Crown of the weaknesses in its case and the Crown agreed to withdraw all charges against D.J.