Client 4 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 by Vancouver Police. A demand for a roadside breath sample was made. Client blew, and was issued a Notice of 90-Day Driving Prohibition on the basis that the concentration of alcohol in his blood exceeded 80 milligrams in 100 millilitres of blood within 3 hours after operating or having care or control of a motor vehicle.

ARGUMENT:
Your lawyer, Mr. Mickelson noted that the police officer stated that the client was driving at 22:26 hours. Mr. Mickelson also noted that there was a problem with the officer’s noted time of driving, as the report showed that the roadside demand was made at 22:18 hours, before the time of driving. The times noted by the police officer did not flow in a logical order.

HELD: PROHIBITION LIFTED
I have considered the evidence before me and I concur with Mr. Mickelson’s submissions. Accordingly, based on the evidence before me I am not satisfied that your blood alcohol content was over 80mg% within 3 hours of operating or having care or control of a motor vehicle. PROHIBITION REVOKED

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