Client 10 issued a Notice of Driving Prohibition by the police. A review was conducted before the Superintendent of Motor Vehicles.

Vancouver Impaired Driving Lawyer: Brian E. Mickelson
Client issued a Notice of Driving Prohibition by the police. A review was conducted before the Superintendent of Motor Vehicles.

DRIVING PROHIBITION CASE FACTS:
Client was issued a Notice of Driving Prohibition on the basis that the concentration of alcohol in his blood exceeded 80 milligrams in 100 millilitres of blood within 3 hours after operating or having care or control of a motor vehicle.

ARGUMENT:
Your lawyer, Brian Mickelson, noted that the Report to Superintendent was not properly sworn by a commissioner for taking oaths.

HELD: PROHIBITION LIFTED
A recent Supreme Court decision ruled that the superintendent is precluded from considering a report unless it is sworn. In your case, the jurat is illegible and therefore unsworn. As a result, I cannot be satisfied if you did exceed 80 milligrams within three hours of driving. PROHIBITION REVOKED

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