Banff national park – Musical chairs at the roadside

Prosecution: Driving while disqualified – obstructing a police officer

Result: Withdrawn

Regina v. C.R. – March 2019

Lawyer: Sean Fagan

Charge: 259(4) and 129(a) of the Criminal Code of Canada

C.R. was suspended from driving as a consequence of a conviction for impaired driving. Sean Fagan was not C.R.’s lawyer for the impaired driving prosecution.

C.R. was alleged to be driving along highway 1 through the Banff National Park when a Royal Canadian Mounted Police officer executed a traffic on his vehicle for driving approximately 30kph over the speed limit. The speed limits in the National Park are strictly enforced out of concern for wildlife safety, and the safety of drivers.

C.R.’s vehicle pulled over slowly to the side of the road, and then abruptly stopped. The vehicle then began to rock side to side leading the police officer to believe that the driver and the passenger were changing seats.

Unfortunately for C.R., the police officer had already seen that it was a male driving the vehicles and the passenger of the vehicle was a female. When the officer attended to the vehicle, he saw that it was now a female positioned int he driver’s seat and the passenger was a male.

The police officer spoke to the individual who he identified as the original driver, who now occupied the passenger seat. The officer conducted background checks on C.R. and discovered that he was subject to a driving prohibition as a consequence of being found guilty of impaired driving.

C.R. was arrested for obstruction of a police officer and driving while disqualified. C.R. hired Canmore criminal lawyer Sean Fagan.

As C.R. worked internationally, it was important that he avoided a conviction for obstructions of a police officer. A conviction for this offence may cause difficulty in travelling into the United States. Additionally, a conviction for driving while prohibited can result in a minimum 1 year driving prohibition.

Sean Fagan was successful at having all criminal offences withdrawn, and the matter resolved by way of a simple traffic ticket.