R. v. P.K. [Provincial Court, Strathmore, November 2016]

A concerned civilian noticed a vehicle driving erratically and narrowly colliding with other vehicles and a cyclist and called 911. The civilian followed the vehicle for approximately 15 minutes detailed his observations to 911 dispatch. The vehicle (allegedly driven by P.K.) rear ended another vehicle so hard that the hood of P.K.’s vehicle curled up over his front windshield. Instead of stopping to exchange particulars and render assistance as he was legally required to do, P.K. allegedly drove through a ditch and sped away. By running the license plate of the vehicle the police determined where P.K.’s residence was and set up there to await his arrival. A short time later the same vehicle described by the civilian rounded the corner with the hood wrapped over the windshield and P.K. hanging out the driver’s side window. P.K. admitted he had been drinking and police observed an empty bottle of hard liquor in the passenger footwell. P.K. failed the roadside test and was arrested. Once breath samples were provided at the police station it was determined that P.K. was driving with a blood alcohol level alleged to be twice the legal limit. Police also conducted a search of his vehicle and allegedly found marijuana. P.K. was charged with dangerous driving, failing to remain at the scene of an accident, impaired driving, driving with a blood alcohol level over 0.08 and possession of marijuana. This was a tough case and there were few (if any) angles on paper. Notwithstanding, on the day of trial Ms. Fagan secured the withdrawal of all criminal charges against her client in exchange for a fine under the Traffic Safety Act. P.K. received no criminal record for the charges that he hired Ms. Fagan to defend and no driving prohibition.

Patrick Fagan

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