The client’s Notice of Administrative Penalty was cancelled on the basis that the client was not properly advised of his right to a roadside appeal by the investigating officer and that the client was unaware of that right. Counsel also argued that the client’s ability to operate a motor vehicle was not impaired to any degree by drug and/or alcohol, that the client did not receive fulsome records as was their right, and that the client’s right to fairness was breached as a result of his treatment by the investigating officer.
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.