SafeRoads v. S.G.

(Alberta SafeRoads - Notice of Administrative Penalty (NAP). SG received a roadside sanction when a domestic partner reported that SG was sitting in a motor vehicle in the couple's underground parking garage. SG's vehicle was inoperable. SG simple went to sit in the vehicle to avoid conflict with the domestic partner. Police gained entry into the underground parking garage, activated overhead emergency lights and blocked the vehicle. SG tried to explain that there was no intent to drive anywhere because the vehicle's battery was dead and that SG was home.  SG was not in possession of the remote control to open the garage door to the underground parkade.  Police made a mandatory alcohol screening demand. 

Setting aside issues surrounding the location and circumstances of the investigation, the primary issue driving SG's case at SafeRoads was the failure on the part of the Director to provide documents required by the legislation.  Specifically, there was no information that the approved screening device used to test SG was properly maintained or calibrated. This information is required by SafeRoads legislation and the failure to provide it constitutes a ground for cancellation of roadside sanctions. 

Notwithstanding that the law wth respect to roadside sanctions is gamed heavily and in the option of this Calgary roadside sanctions lawyer, unfairly in favour of the Government, David Chow has successfully argued for cancellation in many cases. If you are searching for a roadside sanctions lawyer, it is recommended that you retain a lawyer with extensive experience in this filed of law. It is not the same as criminal law. Those who are roadside sanctioned do not receive the same procedural, evidentiary, Constitutional or adjudicative protections as in a criminal impaired driving case. Though roadside sanctions are not criminal law penalties, they nevertheless can have serious consequences for the recipient of the roadside sanction.