Recent Cases
90 Day IRP – Refusal
The Facts:
Police received a complaint about a driver swerving on the road. Police respond to the complaint. The driver had a strong odour of alcohol, slurred speech and was unsteady on the feet. The driver did not admit to drinking. The officer demanded a breath sample from the driver. The driver refused to provide a breath sample. The driver was issued a 90 Day Immediate Roadside Prohibition.
The Argument:
A reasonable excuse is not confined to matters in the mind of the driver at the time. It is a reasonable excuse to refuse to provide a breath sample into an Approved Screening Device (ASD) of which the calibration and service has expired, even if at the time the driver did not know the device was expired.
The Result:
“Based on the evidence submitted by your lawyer, Cathryn Moore, I am not satisfied that you failed to comply with a demand for a sample of your breath at the roadside.”
The 90-day Immediate Roadside Prohibition was revoked and the vehicle was released.