REGINA V F.G. [COURT OF QUEEN'S BENCH, CALGARY]
F was charged with section 254(5) of the Criminal Code for an allegation of refusing to provide a breath sample at the roadside. Calgary Police received a call about a potential impaired/hit and run that occurred in a parking lot and met F in her driveway when she got home. F was given only 4 attempts to blow into the device before she was arrested despite her genuine attempts and continued effort; ultimately she had a complete breakdown in the backseat of the police car. Calgary Criminal Defence Lawyer Curtis Mennie represented F at trial and called her as a witness. F’s testimony was accepted by the trial judge and F was found not guilty of that charge. The Crown appealed the trial Judges's decision. Curtis represented F again on appeal, following written and oral argument the Crown's appeal was dismissed by the Justice.
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