Client 11 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 client failed or refused to comply with a demand for a breath sample without having a reasonable excuse for that refusal.

ARGUMENT:
Mr. Mickelson noted that the Constable identified you as the driver of your vehicle at 22:05 hours. However, the Constable indicates he made a breath demand at 23:05 hours, at which time you refused to provide a sample. There is no evidence to indicate why the demand was made approximately one hour after the time of driving and, as your lawyer points out, the evidence does not show that the demand was made “forthwith” or “as soon as practicable”.

HELD: PROHIBITION LIFTED
Based on the evidence before me, I can not be satisfied that you failed, without a reasonable excuse, to comply with a demand made to you in respect of the operation or care or control of a motor vehicle. PROHIBITION REVOKED

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