10. Regina v. J.C.C. [Provincial Court of Alberta, Okotoks –April 2014]

Client charged with impaired driving and refusing to provide samples of his breath into the intoxilyzer. A Sheriff observed an adverse driving pattern on the part of the exotic vehicle being operated by JCC, stopped that vehicle and summoned the RCMP. According to the police JCC displayed symptoms of impairment including slurred speech, odour of alcohol, problematic balance and focus. Despite repeated unsuccessful attempts to reach his counsel of choice the police compelled JCC to make a decision relative to the provision of samples – he steadfastly refused. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial date. Bottom Line: On the day of trial the Crown conceded the strength of the position of the defence and withdrew all charges.