SafeRoads v. D.R.

(SafeRoads Alberta - Notice of Administrative Penalty/NAP). DR was investigated for DUI in a convenience store parking lot. The investigating officer made a mandatory screening demand (MAS); DR complied. One of the most important rules with respect to complying with NAP procedure is to ensure that the motorist be provided a voluntary opportunity to roadside appeal. DR's roadside sanctions hearing was heard before an adjudicator on October 18th, 2023. 

By October 2023 persons seeking cancelation of roadside sanctions received some help from the Alberta Court of Appeal. In SafeRoads v. Lausen the Alberta Court of Appeal emphasized the importance of adhering to the process set out in the legislation. It appears the Government did not agree that police should follow the law and asked the Alberta Court of Appeal to reconsider Lausen in SafeRoads v. Lawrence. The ACA refused to reconsider Lausen. 

In DR's case all the officer asked was whether DR wishes to take a "retest". The officer did not fully explain the right to roadside appeal and as such, roadside sanctions were cancelled.

There are a number of quality roadside sanctions lawyers to choose from. The best roadside sanctions lawyer for you is the one that you choose after researching with all due diligence. This means that you should not stop your search after your first call. Since roadside sanctions disputes must within 7 days from the date you received the NAP, it is important to act immediately. David Chow offers a free initial telephone consultation.