Client 5 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:
Langley RCMP responded to a motor vehicle accident that had just occurred. The Ambulance Paramedic on scene stated to the officer on scene that the client driver “appeared” to be impaired. Client was issued a Notice of 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:
Mr. Mickelson argued that since the constable stated that the time of driving was 8:54pm and the time the demand was made was 8:11pm, the evidence of both times is called into question. The officer’s report to the superintendent did not contain any other evidence to corroborate either the time of driving or the time of demand. Therefore, Mr. Mickelson argued that I cannot rely on either time to establish a correct time of driving or time of demand.

HELD: PROHIBITION LIFTED
I am satisfied that you did not have a blood alcohol content of over 80 mg% within 3 hours of operating or having care or control of a motor vehicle.PROHIBITION REVOKED

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