Client 6 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:
Police witness client swerving and driving slowly, and must box him in to stop his vehicle. Breath samples are obtained well in excess of the legal limit.

ARGUMENT:
Your lawyer argued that while the column heading Time/Date of Demand(s) has been completed the column heading Time/Date of Result has not been completed. Therefore, he argued that I cannot infer that the time and date of the demand is actually the time and date of the result.

HELD: PROHIBITION LIFTED
I acknowledge that while the officer provided evidence of you breath readings, the officer failed to indicate the date and time of the results. Consequently, I do not find that I can be satisfied that your BAC exceeded 80 mg% within 3 hours of operation or care and control. Therefore, I must revoke the driving prohibition. PROHIBITION REVOKED

Back to 90 Day Driving Prohibitions