12. Regina v. D.A.H. [Provincial Court of Alberta, Calgary –April 2014]

Client charged with impaired driving and over .08. The police observed DAH operating a motor vehicle at a high rate of speed. The police stopped DAH and observed that he had problems balancing and took an extra wide stance while walking. The police administered the roadside screening device and it registered `fail`. DAH was arrested and thereafter provided two samples of his breath with readings in excess of the legal limit. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial. Bottom Line: During the course of Patrick Fagan`s cross examination of the primary investigating officer the case for the prosecution fell apart. At the conclusion of that cross examination the Crown conceded the obvious and applied to withdraw all charges.