R. v. M.K. [Provincial Court of Alberta, Calgary, April 2019]

The police received multiple calls about an impaired driver. Each of these calls detailed that the driver almost hit a child on a bicycle, that he was falling asleep at red lights, that he was running other vehicles of the road and that he was erratically weaving in and out of traffic. A civilian witness followed M.K.’s car into a cul de sac in a residential area and watched him fall asleep at the wheel of his vehicle in the middle of the road. When the police arrived they hauled the driver out the vehicle and onto the pavement, arresting him for impaired driving. The in-car video recording showed M.K. unable to maintain balance and consciousness. Ultimately, M.K. was charged with impaired driving and refusing to provide a breath sample – the conclusion drawn by the police was that he was simply too impaired to provide a breath sample. The matter was scheduled for trial. At trial the civilian witnesses testified and were cross-examined by Ms. Fagan, as was the primary officer who arrested M.K.

BOTTOM LINE:   Following Ms. Fagan’s cross-examination of the primary officer the Crown conceded that she had no reasonable likelihood of conviction and invited the court to acquit M.K.. Verdicts of “not guilty” were entered on all charges against M.K.