3. Regina v. A.B.D. [Provincial Court of Alberta, Cochrane – April 2013]

Charged with impaired driving and over .08. ABD drove through a check stop where the police suspected that she had alcohol in her body so they demanded a sample of her breath for roadside analysis – result: “fail”. ABD was escorted onto the bus where she provided two samples of her breath with readings in excess of twice the legal limit. Patrick Fagan entered pleas of not guilty to both charges. Bottom Line: The primary investigating officer committed multiple errors in his dealings with the accused and given the strength of our Charter position the Crown withdrew all charges on the day of trial.