SafeRoads v. M.E.E.

(Notice of Administrative Penalty (NAP) - DUI). This case was heard on October 17th, 2023. MEE was investigated by police for impaired operation of a motor vehicle. The investigating began when police observed MEE's truck stuck on a curb. The officer properly made a roadside demand. Where the case ran into difficulty was under s. 4(e)(v) of the SafeRoads Regulation requiring that the right to a roadside appeal be supplied in writing or that the motorist be made aware of the right. In SafeRoads v. Lausen, 2023 ABCA 176, the Alberta Court of Appeal confirmed the necessity in SafeRoads cases to follow the process as set out in sections 88.1 and 88.11 of the Traffic Safety Act. 

In this case, MEE deposed that the officer never explained anything about a second test or provided any document to read about the right to a second test. MEE's evidence was corroborated by the failure on the part of the investigating officer to make any note or report about providing the second test. As a result, the adjudicator cancelled the roadside sanctions. 

Notwithstanding that roadside sanctions cases are often very difficult to win even when there are credible issues, there are ways to have roadside sanctions successfully cancelled. As a result of several 2023 decisions (Lausen, Lawrence and Smit) several SafeRoads arguments that were unsuccessful for years started to trigger cancellations. David Chow has been at defence front of roadside sanctions cases since the beginning. Call for a free telephone consultation.