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 …
Regina v. Z.W. [Provincial Court of Alberta, Drumheller – July 2015]
Z.W. was charged with impaired driving and driving over .08. An off-duty police officer observed a vehicle driven by Z.W. doing “donuts” in a busy parking lot. Police detained Z.W. and observed empty beer cans scattered throughout the vehicle; Z.W. admitted he had been drinking alcohol. The police determined that Z.W.’s alcohol was in excess of the legal limit. Sean …