Delay Breach IRP
Police followed the client into his apartment building underground parkade. Once inside, they made an ASD demand requiring him to provide a breath sample. The client failed his ASD tests and hired Ms. Forhan to dispute his IRP. Ms. Forhan identified a 16 minute delay in the officer’s report from when he formed his reasonable suspicion and when the breath test was administered. Ms. Forhan successfully argued that this 16 minute delay amounted to a breach of the client’s Charter rights that could not be saved by s. 1. Ms. Forhan also argued that the demand was made on private property which is not permitted. Ms. Forhan won on both arguments.
I IRP revoked. Client back on the road after 21 days rather than 90.