Client 8 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 responded to a motor vehicle collision. While waiting for EMS to arrive, Officers on scene noted an odour of liquor emanating for the client’s breath. 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:
Your lawyer, Mr. Mickelson noted that the third page of the Report to Superintendent has not been signed by a commissioner for taking affidavits and is therefore not properly before me. The officer is required to swear as to its truth before the Superintendent can consider it as evidence.

HELD: PROHIBITION LIFTED
I agree with Mr. Mickelson’s submissions and I therefore find that the Report to Superintendent as well as the Report to Crown Counsel cannot be considered as evidence before me. While there is evidence that your blood alcohol content was 239mg% when analyzed, there is no evidence as to when your sample of blood was obtained. 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 the motor vehicle. PROHIBITION REVOKED

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