SUMMARY: Motor vehicle collision in Fort McMurray results in a multitude of criminal charges

OFFENCES: Impaired driving causing bodily harm, Failure to remain at the scene of an accident, Refusal to provide a breath sample, Dangerous driving causing bodily harm

RESULT: All criminal charges were withdrawn

LAWYER: Sean Fagan

REGINA v. T.W. – November 2018

CHARGES: Section 254(5), 252, 249(3), 255(2) of the Criminal Code of Canada

T.W. was involved in a serious motor vehicle collision at a major intersection in Fort McMurray, Alberta. T.W.’s vehicle rear-ended another vehicle, injuring the driver of the other vehicle. T.W.’s vehicle then departed the scene of the accident, coming to a rest on a snow embankment approximately one block away.

When the Fort McMurray RCMP arrived, they found T.W. seated in the driver’s seat of his vehicle, bleeding from his face and slurring his words. The RCMP officers removed T.W. from his vehicle and detained him in the rear of their patrol car. The officers demanded that T.W. provide a sample of his breath into the roadside screening device. When T.W. was unsuccessful at providing an adequate sample they took him to the hospital to be treated for his injuries.

When T.W. was ultimately released from the hospital, he found himself facing five criminal charges. If T.W. was convicted of any one of the offences, he would be subject to a lengthy driving prohibition and very likely a period of incarceration. T.W. understood the seriousness of the charges, so he retained Fort McMurray criminal lawyer Sean Fagan.

In the weeks leading up to the trial, Sean Fagan notified the Court and the Crown of his intention to seek relief pursuant to the Canadian Charter of Rights and Freedoms. On the day of trial, Sean Fagan was successful at resolving this matter by way of the complete withdrawal of all criminal charges, and a guilty plea to a traffic ticket, avoiding a driving prohibition, a criminal record, and a period of incarceration.

Sean Fagan’s office is based out of Calgary, Alberta, but he has been involved in defending criminal matters in the lower mainland of British Columbia to St. John’s, Newfoundland.