SafeRoads v. N.J.

(403) 452-8018

SafeRoads v. N.J.

(Alberta Director of SafeRoads - Refusal/Reasonable excuse). N.J. was sanctioned under Alberta's roadside sanctions/notice of administrative penalty scheme for refusing to supply a breath sample. Roadside sanctions in Alberta is effectively a regulatory/administrative regime used by the Government to more easily penalize possible impaired driving offences (such as impaired operation, blood alcohol at or over the legal limit, impaired care of control and refusing to blow).  

When a person is sanctioned for refusing to comply with a breath demand under the SafeRoads legislation, a ground for cancellation of the roadside sanctions is that the motorist might have a "reasonable excuse" for failing to blow. This comes under s. 4(i)(v) of the SafeRoads Regulation. 

In N.J.'s case, the motorist submitted a reasonable to blow caused by several health conditions and injuries caused as a result of a motor vehicle accident. Injuries included bruising to the back and chest. The adjudicator reviewed all of the evidence and astutely concluded that the lack of detail in the police notes/report left cause for concern. As a result of all of the evidence, roadside sanctions were cancelled.


David Chow has been defending SafeRoads cases since the very beginning of Alberta's SafeRoads regime. David Chow is also a former Crown prosecutor, a long standing full service Calgary defence lawyer (defending cases since 2005) and an experienced Calgary impaired driving lawyer who has defended the entire spectrum of drunk driving cases. If you have been charged with impaired driving or have been issued a Notice of Administrative Penalty (NAP)/Roadside Sanction, the consequences can be harsh. Call a qualified and experienced Alberta Roadside Sanctions lawyer for assistance. David offers a free initial telephone consultation.