SafeRoads v. A.G.

(SafeRoads - Roadside Sanction/Impaired Driving and Over 80). AG was issued a roadside sanction for impaired operation of a conveyance and operating that conveyance with blood-alcohol at or exceeding the legal limit. The primary defence argument focussed on section 4(e)(iv) and 4(f)(viii) of the SafeRoads Regulation that AG was not provided with the right to a roadside appeal in writing and was unaware of the right. This argument concerns the right to a roadside appeal and is a very common argument in SafeRoads cases. It is not unusual for the roadside recipient to be at odds with police with respect to law enforcement compliance with the right to a roadside appeal.  If you have been roadside sanctioned and have any issues with respect to whether your right to a second test/roadside appeal has been satisfied, contact an experienced impaired driving lawyer who handles SafeRoads cases in your jurisdiction. David Chow is a former Crown prosecutor, a full time Calgary criminal lawyer and DUI lawyer with over 20 years of criminal law experience and an experienced SafeRoads lawyer who has handled multi-dozens of clients sanctioned by way of Notice of Administrative Penalty. 

AG disagreed with the outline of events presented by the police officer. The investigating officer's report to SafeRoads was not particularly detailed. In contrast, AG presented detailed affidavit evidence.  Notwithstanding that AG requested the video in possession of police that captured the incident, that was never by the Director of SafeRoads to support law enforcement at the hearing. Defence counsel was of the view that an adverse inference should be drawn against the party who possesses evidence to resolve a fact in issue, but declines to provide it. The adjudicator did not address this aspect off the Defence argument but cancelled AG's roadside sanctions. 

AG's Notice of Administrative Penalty/Roadside Sanctions was cancelled because the adjudicator was persuaded by AG that on the balance of probabilities, the police did not comply with the legal requirements for roadside appeal. 

Have you been sanctioned for impaired driving or an impaired driving related offence? Call David Chow for a free initial telephone consultation. David is a Calgary DUI lawyer and Alberta SafeRoads lawyer who has successfully defended countless cases.  While a roadside sanction is not a criminal law conviction, it still results in severe consequences.