SafeRoads v. H.D.

(Roadside Sanctions - Impaired Driving). HD was involved in a motor vehicle collision on an Alberta highway. This was a SafeRoads case where the investigating police likely collected ample evidence to support the roadside sanction but erred by not providing sufficient information to SafeRoads for the adjudicator to (1) make an informed decision and (2) to comply with legislative requirements compelling the director to ensure disclosure of bare minimum records.  As a result, HD's roadside sanction was cancelled. As stated by the adjudicator, "I am satisfied that...[police] prepared a General Report and other Supplemental Reports were also prepared which have not been provided...".  In the end the adjudicator properly concluded that required records were not provided in compliance with s. 2(d)(iii) and 2(b) of the Act. 

The law requires a bare minimum disclosure of material to meet SafeRoads standards. This Calgary impaired driving lawyer has often stated concerns about this bare minimum requirement. The bare minimum requirement does not compel SafeRoads to disclose audio or video which is often at issue because person's sanctioned are generally denied information in the possession of the State capable of corroborating their version of the events.  Though most police are credible and reliable historians about the event, some are not, some creatively write notes that intentionally omit important information and some just make mistakes. Sadly, these issues sometimes result in unfair consequences for motorists facing roadside sanctions. 

David Chow is a Calgary criminal lawyer and Calgary impaired driving lawyer who has been practicing exclusively in criminal law for over two decades. If police have issued you a roadside sanction, the consequences might not be criminal, but can nevertheless be devastating. Though SafeRoads cases are generally gamed in favour of the State and are difficult to win, that does not mean that they are impossible to win. Call a qualified Roadside Sanctions lawyer for a free consultation.