9. Regina v. R.B.R. [Provincial Court of Alberta, Cochrane – March 2014]

RBR charged with impaired driving and over .08. A bouncer at a local watering hole observed RBR leaving the bar and, believing him to be impaired, called the police. The police apprehended RBR, administered the roadside screening device (which registered a `fail`) and escorted him to the local detachment where he provided two samples of his breath over twice the legal limit. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial. Bottom Line: The evidence relative to impaired driving was marginal and our Charter position strong vis a vis the over 0.08 charge. All charges were completely withdrawn on the date of trial.