SafeRoads v. J.H.

(Calgary, P.C. - Impaired Driving/Immediate Roadside Sanctions).  JH was investigated for impaired operation of a motor vehicle. At the commencement of the investigation the police made a Mandatory Alcohol Screening Demand (MAS).  The power for police to make an MAS demand is legislated in the Criminal Code of Canada. A real problem with MAS demands is that police can make them without engaging in any meaningful investigation. JH made several attempts to provide the breath sample, but was an asthmatic and thus could produce sufficient air to trigger a reading on the approved screening device (ASD).  JH was sanctioned for failing to provide a breath sample.  JH video recorded much of the interaction. Notwithstanding that the police had in-car camera video and body camera footage, they declined to provide it to SafeRoads. It is noteworthy that in the experience of this Alberta Roadside Sanctions Lawyer, the police never provide the video; even in circumstances where the NAP recipient disputes the allegations. Most of the time, SafeRoads adjudicators side with the police, holding that they are not required to provide video/audio evidence. In this view of this Calgary defence lawyer, this is highly suspicious and unfair.  Fortunately, the adjudicator for JH cancelled the Roadside Sanctions. If you have been issued a Notice of Administrative Penalty (NAP) and required a roadside sanctions lawyer for a case anywhere in Alberta call 403.452.8018.