R. v. X.X. – 2025 – 9251

Allegation

X.X. was charged in Cochrane with refusing to provide a breath sample under section 320.15(1) of the Criminal Code. According to police, he was stopped after making a wide turn through a rural intersection and briefly crossing into an oncoming lane. Officers from Alberta Sheriff Highway Patrol noted that his vehicle allegedly smelled of alcohol and that his speech was slow and slurred. Based on these observations, a demand was made for a roadside breath test.

Refusal to comply with a breath demand is treated just as seriously under the law as providing a high reading. It’s punishable by criminal conviction and often carries the same consequences as impaired driving, including mandatory fines, loss of driving privileges, and possible jail on second offences.

In Alberta, impaired driving cases can proceed under two paths: criminal charges or the provincial IRS (Immediate Roadside Sanctions) regime. The choice is made by police, typically based on factors like whether the person has prior impaired charges, whether a collision occurred, or how cooperative the person is at the roadside. In this case, police opted to proceed criminally.

Result

Sean Fagan defended the matter and was ultimately successful in persuading the Crown to withdraw all charges before the case advanced to trial. No conviction was recorded.