Client 2 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 pulled over after he is observed weaving in his lane and making an abnormally wide turn by the Langley RCMP. A demand for a breath sample is made at the detachment. Client refuses to blow unless he is permitted to have a cigarette beforehand.

ARGUMENT:
Your lawyer, Mr. Mickelson submits that there is no evidence of a demand following the failed ASD breath sample you provided. There is nothing in the grid to indicate a further demand was made upon you and no evidence of the time you were issued a further demand if in fact another demand was ever issued. Consequently, Mr. Mickelson states, without evidence of a breath demand there cannot have been a refusal.

HELD: PROHIBITION LIFTED:
I have considered the evidence before me and I concur with Mr. Mickelson’s submission on the lack of evidence of a further demand ever being issued. Accordingly, based on the evidence before me I am satisfied that you did not fail or refuse to comply with the breath demand. PROHIBITION REVOKED

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