SafeRoads v. C.B.B.

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SafeRoads v. C.B.B.

(Alberta SafeRoads - Impaired driving). In all cases of Administrative Penalty for alleged impaired driving, the motorist -- who is issued a notice of administrative penalty (NAP), also known as a roadside sanction -- the motorist has the right to a roadside appeal. Whenever a motorist is issued a NAP the issuing police are obligated to properly inform the recipient about his or her right to a roadside appeal. While there is much debate over what constitutes sufficient notice, the law is fairly settled in cases such as Lausen v. SafeRoads and Lawrence v. SafeRoads that at a minimum, police must in some understandable way, issue the Notice of Administrative Penalty because as the Court held in Lausen, if the notice is not issued, the recipient cannot really be expected to understand what they are appealing. 

David Chow was CB's roadside sanctions lawyer.

In CB's case, the defence argued that manner of investigation by the police ultimately contravened the recipient's right to participate in a second test.  The adjudicator agreed and properly concluded that the actions of the police obscured the recipient's understanding of the right to a roadside appeal. CB's roadside sanctions were cancelled. 


To find the best roadside sanctions lawyer, it is incumbent on the person who received the sanction to exercise all due diligence prior to hiring their lawyer of choice. David Chow is probably one of Alberta's criminal lawyers who has defended the most roadside sanctions cases. David has handled roadside sanctions cases since the law came into force in 2020. If you are looking for a Calgary impaired driving lawyer, Calgary criminal lawyer or an Alberta roadside sanctions lawyer, call for a free consultation.