SafeRoads v. W.J.W.

(Red Deer, IRS/Impaired Driving).  Under the Provincial Administrative Penalties Act 2020 (PAPA 2020), JW was issued immediate roadside sanctions (IRS).  There are many ways to defend a Notice of Administrative Penalty (NAP).  One way is to show that the person who was issued IRS was not driving or did not have care or control at the relevant time. In this case, the situation was interesting because JW was occupying the driver's seat when the police arrived; however, evidence was adduced that the vehicle was (1) not running, (2) incapable of being set in motion and (3) only temporarily occupied for the purpose of gathering items from the vehicle's interior. The evidence was made stronger because a taxi was clearly present at scene when the police arrived. In this case, the adjudicator acted very fairly, cancelling the Notice of Administrative Penalty.  The trouble with this case was the limited investigation conducted by the officer. Had the officer made relevant inquiries and not merely interpreted the behaviour as sinister, he would have learned details that may have resulted in the NAP not being issued at all. Sadly, JW's vehicle was impounded for 30 days. That was a family vehicle. Also, notwithstanding successfully applying to have the NAP cancelled, JW had to pay impound fees.  If you have received immediate roadside sanctions, call an experienced Alberta roadside sanctions lawyer to help. David Chow has successfully defended many roadside sanctions cases. For a free consultation with an immediate roadside sanctions lawyer call 403.452.8018.