Z.W. was charged with impaired driving and driving over .08. An off-duty police officer observed a vehicle driven by Z.W. doing “donuts” in a busy parking lot. Police detained Z.W. and observed empty beer cans scattered throughout the vehicle; Z.W. admitted he had been drinking alcohol. The police determined that Z.W.’s alcohol was in excess of the legal limit. Sean Fagan filed a Charter notice alleging breaches of Z.W.’s right not to be arbitrarily detained, his right to be free from unreasonable search and seizure, and his right to make full answer and defence. The Crown conceded the strength of Sean Fagan’s position and withdrew all charges against Z.W.