R. v. P.S. (August 3, 2011)

Charge: 
90 day Roadside Prohibition
Potential Sentence: 
$500 fine, vehicle impoundment, Responsible Driver's Course, Interlock device
Result: 
Prohibition overturned, license and vehicle returned
Description: 

Our client was in an accident and then twice failed the roadside breathalyzer.  We argued on review that the "fails" were invalid due to very recent alcohol consumption, and we argued that our client wasn't actually a "driver" when the police dealt with her.  The adjudicator agreed and overturned the prohibition.