90 Day IRP
The police officer stated that he saw the accused drive and park the vehicle in the driveway. The accused denied that they were driving and that the officer witnessed any driving as the officer did not arrive on scene until after the vehicle was parked. The accused provided one “Fail” reading. The driver was issued a 90 Day Immediate Roadside Prohibition.
The officer failed to include sufficient evidence to establish the legal requirements for care or control. The evidence does not establish that my client was a “driver”.
“I am not satisfied you were a driver within the meaning of the Motor Vehicle Act.”
The 90-day Immediate Roadside Prohibition was revoked and the vehicle was released.