Police served the client with a Notice of Administrative Penalty (NAP) after finding them parked outside their home, sitting in the driver’s seat of their vehicle. The client’s NAP 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 the motor vehicle was not impaired to any degree by alcohol and/or a drug, that they did not operate the vehicle, that the client did not receive comprehensive records as was their right, and that the client’s right to fairness was breached as a result of the investigating officer’s conduct . Because the issue regarding the client’s right to a roadside appeal was dispositive of the question of whether the NAP 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, they are not subject to a fine, and they were able to retrieve their vehicle from the impound lot without incurring any fees.