The client’s Notice of Administrative Penalty was cancelled on the basis that the client’s ability to operate a motor vehicle was not impaired to any degree by alcohol and/or drug. The SafeRoads Tribunal found that while the client may have been intoxicated, his ability to operate a motor vehicle was not impacted by the intoxication. Counsel also argued that the client’s Notice of Administrative Penalty was insufficient due to an incorrect date, that the client did not operate the motor vehicle, that the investigating officer did not inform the client of his right to a roadside appeal, and that his right to fairness was breached by the investigating officer. Because the issue of impairment 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.