Client 3 issued a Notice of Driving Prohibition by the Surrey R.C.M.P. A review was conducted by the Superintendent of Motor Vehicles.

Vancouver Impaired Driving Lawyer: Brian E. Mickelson
Client issued a Notice of Driving Prohibition by the Surrey R.C.M.P. A review was conducted by the Superintendent of Motor Vehicles.

DRIVING PROHIBITION CASE FACTS:
Client found in the driver’s seat following a single vehicle accident. At the Surrey detachment, breath sample obtained indicating a blood/alcohol concentration well in excess of the legal limit.

ARGUMENT:
Brian Mickelson argues that the evidence is insufficient to conclude that the subject was over the legal limit. A certificate had not been produced, and the test results are illegible on the breath test tickets.

HELD: PROHIBITION LIFTED
The Datamaster C breath test tickets have been submitted but they are illegible. The Certificate of Qualified Technician has not been submitted. The only evidence I have of your BAC is the breath test tickets, and the condition of the tickets makes them insufficient as evidence of your BAC. I am not satisfied that your BAC exceeded 80mg% within 3 hours of operating or having care or control of the vehicle. PROHIBITION REVOKED

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