F.J. was pulled over for running a stop sign at
approximately 2:00am. The police detected alcohol on his breath, observed that
he had slurred speech and alcohol was observed throughout the vehicle. F.J. was arrested for impaired driving. The
in-car audio visual recording showed that F.J. was less than courteous with
police … this eventually led to an altercation in which the police were
allegedly injured by F.J. F. J. was
charged with impaired driving, refusing to provide a breath sample, obstructing
a police officer in the execution of his duties and assaulting a police
officer. Ms. Fagan scheduled the matter for trial and filed a Charter notice alleging that her client
was arbitrarily detained, that he was not given a reasonable opportunity to
contact counsel and that his security of the person was violated because he was
not released from custody until nearly 18 hours after his arrest.
BOTTOM LINE: Upon receiving Ms. Fagan’s Charter notice all criminal charges against F.J. were completely withdrawn before the commencement of trial.