SafeRoads v. D.N.N.

(Calgary, SafeRoads - Notice of Administrative Penalty).  DNN was reported to police in relation to a criminal law matter. When police arrived at DNN's home, they immediately initiated an arrest, charter and caution. As a result of statements made in response to police questioning along with the odour of alcohol coming from DNN (who had been at home for a period of time and having drinks), police issued DNN a Notice of Administrative Penalty (NAP)/Roadside Sanctions. At the immediate roadside sanctions (IRS) hearing, made many arguments, including that police did not offer the right to a roadside appeal or second test. DNN succeeded in having the NAP cancelled. DNN's case, however, highlights both the draconian nature of roadside sanctions and the absurd results that roadside sanctions are capable of imposing on motorists. For example, DNN had not consumed alcohol prior to driving but was sanctioned as a result of consuming alcohol within a couple of hours of driving while at home. David Chow is an experienced Alberta roadside sanctions lawyer.