R. v. M.V. (July 11, 2011)

Charge: 
Immediate 90 day roadside driving prohibition
Potential Sentence: 
$500 fine, Responsible Driving Course, Interlock Device required for 1 year, Towing and Impoundment Charges
Result: 
Prohibition revoked, car returned, Towing and Impoundment fees paid by the Superintendent of Motor Vehicles
Description: 

Our client was found by the police in the driver's seat.  He blew a "fail" on the Roadside Screening Device and the car was impounded for 30 days, he was given an immediate 90 day driving prohibition and, like everyone else in these circustances, would have been required to complete the Responsible Driver's Course and install an Interlock Device for 1 year.  We were retained to appeal this decision and successfully argued that even though he was in the driver's seat and blew a "fail", he was not legally in 'care or control' of the motor vehicle.