13. Regina v. K.L.W. [Provincial Court of Alberta, Cochrane– April 2014]

Charged with impaired driving and over .08. The RCMP responded to a complaint of a suspicious vehicle which had been stationary, running and playing loud music for the past two hours. The police attended the vehicle and found KLW reclined in the driver`s seat. According to the police KLW saw the vehicle being turned off and observed KLW attempted to place the vehicle keys in his pocket. Police also observed a pool of vomit adjacent to the driver’s door on the pavement and several bottles of beer on the front seat. KLW told the police that his last drink was five minutes prior; police observed that KLW had blood shot eyes, slurred speech and smelled of alcohol. KLW was arrested and thereafter provided two samples of his breath in excess of the legal limit. Patrick Fagan entered pleas of not guilty to all charges and scheduled a trial. Bottom Line: all charges were completely withdrawn at the commencement of trial proceedings.