SafeRoads v. A.M.

(Calgary SafeRoads - Impaired Operation of a Motor Vehicle).  This was a very interesting SafeRoads case. Police attended a scene where a vehicle had rolled backwards on the driver. In this case, the driver dropped a friend at home who had an injury. The driver parked the vehicle in a driveway and exited the vehicle to help the friend into the house. The driver walked behind the vehicle when the vehicle suddenly rolled backwards, rolling over the driver. The driver was quite seriously injured and ultimately taken by ambulance to the hospital for a very long hospital stay. Police attended the hospital for an impaired driving investigation. English was not the recipient's primary language and indeed language difficulties were obviously present. As per the adjudicator's decision:

"...it is not disputed that the Recipient had been in a serious accident, was in the hospital and medicated when the NAP information was given...and [the Constable] had noted...a language barrier".  

AM's roadside sanctions were cancelled because due to issues surrounding the "right to a roadside appeal". The adjudicator held that while the Recipient was offered the right to a roadside appeal (when in a hospital), that the circumstances were unique. Since the Recipient was medicated, hospitalized and have a language barrier, the adjudicator agreed with AM's Calgary impaired driving lawyer that  there were concerns that the recipient the right to roadside appeal. 

David Chow is a Calgary criminal lawyer and Roadside Sanctions lawyer with decades of criminal law and criminal driving defence experience.  While roadside sanctions are often difficult to win, there are many Alberta roadside sanctions lawyers who have a strong history of successfully defending these cases. If you have been charged with a criminal driving offence in Calgary or you have been a Roadside sanction anywhere in Alberta, consider calling David Chow for a free intitial telephone consultation. David offers a one-time feee consultation by telephone for criminal law and roadside sanction matters ONLY.