Client 13 issued a Notice of Driving Prohibition by the police. A review was conducted before the Superintendent of Motor Vehicles.

Vancouver Impaired Driving Lawyer: Joel Whysall
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 investigated after a serious motor vehicle accident. A demand for a breath sample is made at the roadside. Client refuses to blow.

ARGUMENT:
Your lawyer, Joel Whysall submitted that in order for a demand to be valid under s.254 of the Criminal Code it must be made forthwith. In addition he defined “forthwith” as immediately without delay. Here, Constable Martin recorded in the grid on the second page of the Report to the Superintendent that you were issued the demand for the approved screening device at 01:07 hours and as Mr. Whysall submits the demand was made 57 minutes after the time of driving.

HELD: PROHIBITION LIFTED
Considering the evidence before me, I am satisfied that you did not fail or refuse, without a reasonable excuse, to comply with a demand made to you in respect to the operation or care and control of a motor vehicle. PROHIBITION REVOKED

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