MOTOR VEHICLES AND HIGHWAY TRAFFIC - Driving under the influence of alcohol or drugs - Licence suspension and cancellation

By Richard Skinulis (June 20, 2023, 11:49 AM EDT) -- Application by petitioner for judicial review of a decision of the Superintendent of Motor Vehicles which confirmed an Immediate Roadside Prohibition (IRP) made against him. The petitioner was driving north on Boundary Road when he went through a red light at the intersection, causing a collision. Constable Lee stated in the Occurrence Report that the petitioner told him that he consumed one beer. Constable Lee also stated that the petitioner's eyes were glassy and showed signs of impairment. The petitioner stated that he was not impaired by alcohol and that he blew into the approved screening device (ASD) as requested by the officer. The Adjudicator found that the circumstances would provide reasonable grounds for Constable Lee to form a reasonable suspicion that the petitioner had alcohol present in his body. Because of these findings, the Adjudicator concluded that the petitioner's driving prohibition and corresponding vehicle impoundment, as well as his monetary penalty, were valid....

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