Evidence to the Contrary IRP
Client went out for dinner with his girlfriend and consumed a moderate amount of alcohol. The client was pulled over leaving the pub and required to provide two breath samples; he failed both ASD tests. Based on the client’s reported drinking pattern, his blood alcohol content [BAC] should have been below the legal limit. There was no explanation for why the ASD machines malfunctioned and the client did not save his receipt from dinner that night to prove how much alcohol he had consumed.
Ms. Forhan obtained a copy of the restaurant’s menu and bank statements from the client showing the payment made to the restaurant. These documents along with the client’s affidavit evidence were sufficient to convince the adjudicator of his stated drinking pattern. An independent expert report was obtained on behalf of the client and the IRP was set aside.
I IRP revoked. Client back on the road after 21 days rather than 90.