Police were called to the scene regarding a suspected impaired driver. The driver was found outside of their vehicle when the police arrived. A witness identified the driver as the driver of the vehicle. A strong odour of alcohol was detected on the driver. A breath demand is made and the driver refused to provide a breath sample. The driver was issued a 90 Day Immediate Roadside Prohibition.

There is insufficient evidence from the police report to support the conclusion that the driver was in fact the driver of the vehicle. The absence of the actual witness statement makes it impossible to fairly weigh the evidence.

“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The 90-day Immediate Roadside Prohibition was revoked and the vehicle was released.