SafeRoads v. Q.A.
SafeRoads v. Q.A.
(SafeRoads Alberta - Notice of Administrative Penalty). QA was sanctioned after refusing to comply with a breath demand in November 2021. This occurred prior to the legislative changes later in 2021 when the Government of Alberta removed the option for a roadside appeal for persons accused of failing or refusing to blow. In short, rather than requiring police to follow simple rules, the Government not only changed the documentation obligations owed by the Director of SafeRoads to roadside sanction recipients (making the extremely simple requirement even easier), they further assisted police by negating the option for roadside appeal in failure or refusal cases. The net effect is that people who may have blown a false positive due to mouth alcohol or even have been legitimately attempting to blow into a faulty Approved Screening Device (ASD) and failed, no longer have the protection of trying again. QA successfully applied to cancel roadside sanctions on grounds that the police failed to offer the right to second test (roadside appeal). This defence is no longer available. David Chow defended his first DUI client in 1999. As a Calgary impaired driving lawyer he has successfully defended hundreds of impaired driving cases. Today, David is one of Alberta's most experienced immediate roadside sanctions lawyers.