90 Day IRP – Refusal
The driver was observed by police to be swerving and speeding down the road. The officer attempted to stop the suspect vehicle unsuccessfully. The officer followed the suspect vehicle home. The officer noted the driver was staggering and had a strong odour of alcohol. The officer made a breath demand into an Approved Screening Device (ASD) on the driver’s property. The driver refused to provide a breath sample to police. The driver was issued a 90 Day Immediate Roadside Prohibition.
The officer was not in compliance with the Motor Vehicle Act and the breath demand was invalid. The officer failed to serve a valid 90-day Immediate Roadside Prohibition on the driver.
“Upon review of the officer’s evidence, I am not satisfied that the officer served on you a notice of 90-day Immediate Roadside Prohibition.”
The 90-day Immediate Roadside Prohibition was revoked and the vehicle was released.