R. v. R.K. [Provincial Court, Cochrane, February 2017]

R.K. was pulled over on a highway just outside of Cochrane after police saw her vehicle swerving just after 3:00am. Police smelled alcohol on R.K.’s breath and arrested her for impaired driving. She was taken to the police detachment where she provided samples of her breath that were almost triple the legal limit. Ms. Fagan filed a Charter notice arguing that R.K.’s right to full disclosure and her right to make full answer and defence were violated. She further argued that the police lacked the required reasonable grounds to demand a sample of her breath, and that therefore the breath samples that were taken from her should not be admitted into evidence.

BOTTOM LINE: The Crown agreed with Ms. Fagan and entered a stay of proceedings (i.e. withdrew) all charges against R.K. Her license was reinstated that day and she incurred no criminal record for the charges that she had hired Ms. Fagan to defend.