5. Regina v. C.D.J. [Provincial Court of Alberta, Calgary – February 2014]
CDJ charged with impaired driving and refusing to provide a sample of his breath for roadside analysis. According to the police they responded to a report of a vehicle “swerving all over the road”. They located a vehicle and when they spoke with the driver they determined that he had been drinking so they demanded that he provide a sample of his breath for roadside analysis. According to the police CDJ refused or failed to provide a suitable sample. Patrick Fagan entered pleas of not guilty to all charges and scheduled a trial date. Bottom Line: The charge of impaired driving was completely withdrawn on the date of trial and the matter proceeded on the refusal charge. As a result of extensive cross-examination by Patrick Fagan of the primary investigating officer the trial had to be adjourned for the hearing of additional evidence. The Crown ultimately conceded the highly problematic nature of police testimony and withdrew the refusal charge prior to the next date.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.