SafeRoads v. R.M.

(Calgary SafeRoads - Impaired Driving). RM was issued a Notice of Administrative Penalty for which a dispute was filed and hearing scheduled for November 5th, 2025. On that same date, the adjudicator rendered the decision cancelling roadside sanctions. 

In this case, the recipient's argument concerned the right to roadside appeal. Specifically, the ground for cancellation is as follows: the recipient was not provided the right to roadside appeal in writing and the recipient was unaware of the right. The process for issuing a roadside sanction and respecting the right to roadside appeal was established the Alberta Court of Appeal in the cases of SafeRoads v. Lausen, 2023 ABCA 176 and SafeRoads v. Lawrence, 2024 ABCA 361. Simply stated, for a recipient to voluntarily choose to exercise his or her right to roadside appeal, it is minimally incumbent on police to issue the notice of administrative penalty and to provide sufficient information about the right to participate in a second test. The Alberta Court Appeal has been clear that unless the NAP is issued, the recipient has not been provided with the necessary information to decide whether to participate in a second test or not. 

In RM's case, the NAP was not issued prior to the recipient exercising its right to a second test. In SafeRoads v. Van Der Meulen, 2024 ABKB 172 the Court held that the recipient should have the information minimally equivalent to the information the Recipient would have access to if they were provided the NAP.  In RM, the adjudicator concluded that the defence demonstrated on the balance of probabilities that the recipient was provided sufficient information to have awareness about exercising the right to a roadside appeal. The roadside sanction was cancelled.

While there are many Calgary criminal lawyers and Alberta defence lawyers who will accept a retainer to defend a Notice of Administrative Penalty, there are a relatively small number of experienced roadside sanctions lawyers. While roadside sanctions flows from Criminal Code legislation with respect to impaired driving (and its related offences), the administrative rules are different. If you have been issued a roadside sanctions, it is recommended that you consult with a qualified roadside sanctions lawyer.