Client 9 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 was issued a Notice of Driving Prohibition on the basis that the client failed or refused to comply with a demand for a breath sample without having a reasonable excuse for that refusal.

ARGUMENT:
Your lawyer, Brian Mickelson, submitted that the breath demand was not a proper one made pursuant to the Criminal Code. He noted the time of the demand and stated that it was not made as soon as practicable.

HELD: PROHIBITION LIFTED
In my consideration of the officer’s Report to Superintendent and your lawyer’s submissions, I also find that the evidence in the police Report is not sufficient to show that a proper demand was made for you to provide a breath or blood sample. Therefore, I am not satisfied that you refused to comply with the breath demand. PROHIBITION REVOKED

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