Section 254(2)(b) of the Criminal Code – Refusal to provide a sample- Checkstop While E.K.S. was on her way home from a work party, she was stopped by the Calgary Police Service at a Checkstop. The investigating officer asked E.K.S. if she had consumed any alcohol. E.K.S., a professional who had never been in trouble with the law before, answered in an …
Regina v. J.S. [October 2016] – Bad legal advice on Impaired Driving
Section 253(a) of the Criminal Code of Canada – Impaired Driving – Bad legal advice J.S. faced charges of impaired driving and refusing to provide a breath sample without a reasonable excuse. The police observed J.S driving in a manner that led the police to believe J.S. was impaired. The police arrested J.S. and demanded that he provide a sample of …
Regina v. R.S. [Provincial Court of Alberta, Canmore – August 2016]
R.S. was charged with dangerous driving, refusal to comply with the standard field sobriety test and possession of marijuana. R.S. was purported to have engaged in road rage with another driver. Unfortunately for R.S. the other driver happened to be an RCMP officer driving a civilian vehicle. The officer followed R.S. as he purportedly engaged in dangerous driving behavior. The …
Regina v. J.K. [Provincial Court of Alberta, Calgary – July 2016]
J.K. was facing two separate drug trafficking prosecutions. • First prosecution The police executed a traffic stop on J.K’s vehicle for driving with a license plate registered to a prohibited driver. J.K. was arrested for outstanding warrants, and the vehicle was searched. 26.8 grams of crack cocaine and 4.4 grams of powdered cocaine were discovered in the vehicle. • Second …
Regina v. A.P. [Court of Queen’s Bench of Alberta, Calgary – May 2016]
A.P. was convicted of dangerous driving for a pattern of adverse driving behaviour between downtown Calgary, and Deerfoot trail south. Sean Fagan was not counsel at trial. A.P. was sentenced to a conditional discharge – a period of probation which, if complied with, would lead to no criminal conviction being entered on A.P’s record. A conditional discharge is typically not …