Recent Cases
90 Day IRP
The Facts:
A police complaint about suspected impaired driver led police to the scene. The driver was found sitting in the front passenger seat of the vehicle with the engine running. An odour of alcohol is detected and the driver admits to the recent consumption of alcohol. The officer demanded a breath sample. The driver provided two “Fail” readings. The driver was issued a 90 Day Immediate Roadside Prohibition.
The Argument:
The driver did not have care and control of their vehicle, merely turning on a vehicle while sitting in it does not amount to care or control as there was an absence of any intention to drive.
The Result:
“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The 90-day Immediate Roadside Prohibition was revoked and the vehicle was released.