Client 14 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 pulled over for speeding on way to airport. A demand for a breath sample is made at the roadside. Client refuses to blow.

ARGUMENT:
Your lawyer, Joel Whysall did not accept that the seven minute delay was as soon as practicable. The officer had formed the required reasonable and probable grounds as soon as you had failed the ASD. Mr. Whysall argued that it was at this point the breath demand should have been made. He provided a criminal case in which the circumstances of the demand were identical to yours. Both cases had a seven minute period between the ASD result and when the breath demand was made. Similarly, in both cases, the driver was arrested, warned, and read his rights during that time. However, due to an unnecessary arrest, in the criminal case, the delay was found to be unreasonable and the demand was deemed invalid. I find your situation sufficiently similar. I am not satisified that a valid breath demand was made.

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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