SafeRoads v. C.P.

(SafeRoads Alberta - Notice of Administrative Penalty/Roadside Sanctions/Refusing to blow). If you are looking for an Alberta roadside sanctions lawyer, David Chow offers a free telephone consultation. It is important for you to act quickly because you only have 7 days from the issuance of your Notice of Administrative Penalty (NAP) to file your dispute. Missing that 7 day deadline could result in you have no choice but to accept the roadside sanctions. 

CP was issued a roadside sanction for refusing to provide a roadside sample. In this case, the officer allegedly made a Mandatory Alcohol Screening Demand (MAS), which according to the officer was refused. The recipient was then handcuffed and placed into the back of a police cruiser. Police first indicated that he recipient would be taken home but then took the recipient to a prison cell. The recipient did not display any meaningful signs of impairment and was not lawfully arrested or detained for any offence. 

CP's version of the events differed from the officer on some key points. With respect to the demand for a breath sample, the officer only asked if the recipient "wanted" to blow. CP's position was that the officer offered a choice.  CP's position was that there is a difference in telling somebody that have to comply as opposed to asking if the "want" to. CP was held in custody for 7 hours. 

In this case, the adjudicator rendered an intelligent decision finding egregious unfairness caused by the recipient being unlawfully jailed for 7 hours without proper adherence to Charter rights. The adjudicator found that there was no evidence that CP posed any public safety risk to justify being held in custody. The NAP was cancelled due to egregious unfairness. 

CP's case is rare because it is one where the recipient actually succeeded on the basis of egregious unfairness triggered by Charter concerns.

David Chow is a Calgary and Cochrane based criminal lawyer and roadside sanctions lawyer. He routinely successfully defends roadside sanctions cases. Though Charter protected interests are usually neutered in  roadside sanctions cases, it nevertheless important to raise the Canadian Charter of Rights and Freedoms when it is appropriate to do so.