8. Regina v. A.B.A. [Provincial Court of Alberta, Calgary – March 2014]

ABA charged with impaired driving and over .08. ABA was heading home from the bar when she came across a check stop. Police determined that she had alcohol in her body so they demanded that she provide a sample of her breath for roadside analysis – she blew “fail”. ABA was escorted to the breathalyzer bus where she provided two samples of her breath, both of which were over twice the legal limit. Patrick Fagan entered pleas of not guilty to all charges and scheduled a trial. Bottom Line: The evidence relative to impaired driving was marginal and our Charter position strong vis a vis the over .08 charge. All charges were completely withdrawn on the date of trial.