REGINA M.D. [PROVINCIAL COURT, STRATHMORE]

M was charged with numerous driving offences including hit and run, mischief, and dangerous operation of a conveyance contrary to sections 252, 430, and 320.13(2) of the Criminal Code. M was also charged under the Traffic Safety Act with leaving the scene of an accident and no insurance. The allegations arose following an early morning vehicle rollover into a fence in Strathmore, when the RCMP attended the scene no driver was present. the RCMP brought in tracker dogs to see if they could follow the path of the driver. The registered owner of the vehicle was called who advised that her son frequently drives the vehicle and they attended his residence. Upon arrival the RCMP entered the residence without permission and without a warrant where they found M sleeping. M was arrested and photographed. M retained Calgary criminal lawyer Curtis Mennie who immediately scheduled the matters down for trial and entered pleas of not guilty. M had a very strong Section 8 Charter argument for the illegal search of his residence. The RCMP can only enter a property in this circumstance with exigent circumstances. Defence lawyer Curtis Mennie brought all of these issues up with the Crown prior to trial. The Crown agreed to withdraw all of the criminal charges and Traffic Safety Act tickets in exchange for M paying the damage caused to a fence during the collision. M received no criminal record.