16. Regina v. D.F.M. [Provincial Court of Alberta, Calgary – May 2014]

Charged with impaired driving and over .08. A concern citizen called the police after observing a truck driven by DFM driving erratically; the civilian also observed what appeared to be vomit running down the side of the driver’s door. DFM was apprehended by the police and they observed the following indicia of impairment – flushed face, glassy blood shot eyes, slow speech and lethargic movements. DFM was arrested and provided two samples of his breath with readings in excess of three times the legal limit. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial. Bottom Line: Patrick Fagan challenged the admissibility of the certificate of analysis on Charter grounds; all charges were completely withdrawn on the date of trial.