The client’s Notice of Administrative Penalty was cancelled on the basis that the client had a reasonable excuse for refusing to comply with a breath demand. The tribunal found that the client met their onus in demonstrating that they consumed alcohol only after operating the motor vehicle. Counsel also argued that the client’s ability to operate a motor vehicle was not impaired to any degree by alcohol and/or a drug, and that the client’s right to fairness was breached in the investigation. Because the reasonable excuse issue was dispositive of the question of whether the Notice of Administrative Penalty should be cancelled, the SafeRoads Tribunal declined to consider any further grounds.
As a result of the cancellation of the Notice of Administrative Penalty, the client’s license is no longer suspended, their driving record will not reflect an impaired driving suspension, and they are not subject to a fine.