1. Regina v. S.T.W. [Provincial Court of Alberta, Calgary – March 2013]
Client charged with impaired driving and over .08. The police found S.T.W. parked in the middle of the road at a major intersection. When the police approached the vehicle it began to jerk slowly forward but eventually came to a stop. The police had reason to suspect that STW had consumed alcohol so they demanded a sample of her breath for roadside analysis. A sample was provided with the result of “fail”. STW was escorted to the police station where she provided two samples of her breath with readings over twice the legal limit. Patrick Fagan entered pleas of not guilty to both charges. Bottom Line: The primary investigating officer made so many errors during the course of the investigation that Patrick Fagan took the somewhat unusual step of providing the Crown with a very detailed letter/brief setting out the shortcomings of the case for the prosecution. Through this process all charges were completely withdrawn.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.