90 Day IRP
The driver was stopped at a road block. The officer noted a strong odour of alcohol on the driver and the driver was unsteady on his feet. The officer made a breath demand. The driver provided two “Fail” readings. The devices were calibrated properly and were not expired. The driver was issued a 90 Day Immediate Roadside Prohibition.
The officer was not operating the Approved Screening Device (ASD) properly and the results of the ASD were unreliable.
“Having considered the evidence before me, I find that the ASD used was unreliable.”
The 90-day Immediate Roadside Prohibition was revoked and the vehicle was released.