Prosecution: Dangerous Driving
Result: Criminal Charges withdrawn
Regina v. X.X. – March 2019
Lawyer: Sean Fagan
Charge: 249(1)(a) of the Criminal Code of Canada
The events surrounding this case arose when members of the Calgary Police Service were on patrol in the northeast district of Calgary following an exotic vehicle. The police indicated that they were just on routine patrol when the exotic car caught their eye, but defence lawyer Sean Fagan suspected them to be surveillance officers.
Whatever the nature of the officers’ duties that day, the police officers attempted to follow the exotic car. While following the vehicle, it accelerated and the police struggled to keep up. Ultimately the vehicles were faced with a red light at a busy intersection. The exotic car blew through the red light without applying the brakes and accelerated to speeds nearly 3 times the posted speed limit. The police officers attempted to close the gap and obtain the license plate of the vehicle, but to no avail. The officers requested the assistance of Hawc police Helicopter.
Hawc helicopter is a tool used by the Calgary Police Service more and more frequently. Generally, the helicopter remains in the sky at all times. This means that when it is requested, it can be anywhere in the city within moments to pickup the trail of a suspect or light up a scene, all while recording in ultra high definition video.
In this case, the Hawc helicopter arrived on scene moments later and chased the exotic car. The chase was captured on high definition footage which provides data of the vehicle including speed and direction. The exotic vehicle was followed to a local restaurant where all occupants were seen exiting and entering a local restaurant.
A short while later, the police officers arrived at the restaurant, entered, and started illegally questioning the individual in the restaurant they suspected to be the driver of the vehicle. X.X. ultimately provided a statement to the police supporting the fact that he was the driver.
If you are the suspect of an investigation, it is imperative that you seek legal counsel immediately before speaking with the police. Often the police will be unable to connect the dots in an investigation without a statement from the suspect, like in this case. Sometimes it is difficult to speak to a lawyer before the police question you, like in this scenario. Criminal lawyer Sean Fagan can provide immediate legal advice in a scenario like this, that can often avoid charges ever being laid.
In this case, charges were laid against X.X. – the criminal offence of dangerous driving. If convicted of this offence, a person is automatically suspended from driving FOR one month by the province of Alberta. This is separate and apart from any driving prohibition/suspension imposed by the criminal courts. Additionally, you can expect your insurance rates to sky rocket.
It was imperative that X.X. receive no criminal record, which would be imposed if a conviction were entered, and that X.X. receive no driving suspension, which would also be imposed if a conviction were entered. X.X. retained the legal services of Sean Fagan who was successful at resolving this matter by a traffic ticket. No driving suspension. No criminal record.