15. Regina v. M.P.M. [Provincial Court of Alberta, Calgary – November 2013]

Charged with impaired driving and over .08. Police were driving behind MPM’s vehicle and observed it to be swerving in and out of the lane at a slow speed. The police stopped MPM, administered the roadside screening device (which registered “fail”) and arrested him for impaired driving. MPM was escorted to the detachment where he provided two samples of his breath well in excess of the legal limit. Patrick Fagan entered pleas of not guilty 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 started to fall apart. Before the conclusion of Patrick Fagan’s cross examination the Crown acknowledged the obvious and entered a stay of proceedings on all charges.