15. Regina v. K.K.P. [Provincial Court of Alberta, Calgary –April 2014]

Charged with impaired driving and over .08. Shortly before midnight the police observed a truck drive off a front lawn and onto the road; the yard had a damaged fence. The police pursued the truck and when it stopped the driver started walking across the street away from the police. According to the police KKP had a blank stare, was taking high and deliberate steps and stumbled. The police grabbed the accused by the neck and forced him onto the ground. The police claimed that KKP was highly intoxicated and displayed gross indicia of impairment. KKP provided two samples of his breath with readings over twice the legal limit. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial. Bottom Line: The Crown was unable to establish beyond a reasonable doubt the identity of the operator/driver of the motor vehicle resulting in the complete withdrawal of all charges.