2. Regina v. J.L.L. [Provincial Court of Alberta, Cochrane – March 2013]
JLL charged with impaired driving and failing to provide samples of his breath into the intoxilyzer. Police responded to a citizen’s complaint of an impaired driver who was swerving on the highway and driving into the ditch. The police located a suspect vehicle driven by JLL. According to the police he smelled of alcohol and was wobbly and unsteady on his feet. He was arrested for impaired driving and escorted to the RCMP detachment where he refused to provide samples of his breath. Patrick Fagan entered pleas of not guilty to all charges. Bottom Line: Given the very minimal indicia of impairment and the lack of reasonable grounds (lawful authority) to arrest JLL all charges were ultimately withdrawn.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.