Musical Chairs at Roadside – Obstruction of a Police Officer and Driving while DQ’d

Prosecution: Driving while Disqualified and Obstruction of a Police Officer

Result: Criminal Charges withdrawn

Regina v. C.R. – March 2019

Lawyer: Sean Fagan

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

An RCMP officer was on patrol late one evening conducting traffic enforcement on Highway 1 near the Sunshine exit in Banff National Park, Alberta. The officer clocked C.R.’s Acura sedan travelling eastbound at 118km/h in the posted 90km/h zone. As this vehicle went past the officer he noted a male in the drivers’ seat. The officer closed the distance on this vehicle and activated his emergency lights to conduct a traffic stop. The vehicle pulled to the side of the road, slowed down and then abruptly stopped. The vehicle then began to rock side to side and a female was now visible in the driver’s side mirror. The officer believed that the ooccupants of the passenger’s seat and driver’s seat had switched.

The officer attended to the window of the vehicle and spoke to the original driver, the male, who now occupied the passenger seat. Police Database checks indicated that C.R. was on a Canada wide driving suspension stemming from a conviction for impaired driving. Consequently, the officer arrested C.R. for driving while disqualified and obstruction of peace officer for switching seats in the vehicle, both criminal offences.

C.R. retained the legal services of Sean Fagan who often represents people charged with criminal offences in the Banff and Canmore area. Sean Fagan was successful at having both criminal offences withdrawn against C.R., and the matter was resolved by way of a traffic ticket.