Police served the client with a Notice of Administrative Penalty (NAP) after finding them in the driver’s seat of their vehicle at their campsite and obtaining a breath sample from them. The NAP was cancelled on the basis that the client did not operate the motor vehicle and was not in care and control of the vehicle. Counsel also argued that the client did not receive comprehensive records as was their right, that the Officer did not properly advise the client of their right to a roadside appeal, 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 operation of the vehicle 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 can be reimbursed for fees arising from the seizure of their vehicle.