11. Regina v. K.S.R. [Provincial Court of Alberta, Pincher Creek – March 2014]

Charged with impaired driving and over .08. Police received an anonymous complaint of an impaired driver who (according to the caller) couldn`t walk, let alone drive. Police located KSR and upon apprehension observed the following indicia of impairment – glossy eyes, trouble focusing, slurred speech, wobbly head, scent of alcohol and inability to sit straight. KSR was arrested and thereafter provided two samples of his breath with readings at twice 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 withdrew all charges.