Immediate Roadside Prohibition – Overturned

The client was observed by a police officer in the driver’s seat of a truck next to a mailbox. His friend was in the passenger seat. The client provided breath samples and was arrested for drinking and driving.

Defence Action

Ms. Verdurmen argued to the Superintendent of Motor Vehicles that the police officer was unable to observe that the person was in control of the vehicle because of the distance between the police vehicle and the truck. She was also able to demonstrate that the client never had any intention of driving the truck on that evening.

Decision

The driving prohibition was cancelled and the client was able to drive right away again.

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