Administrative Driving Prohibitions (ADP) in BC begin 21 days after the Notice is served. You have only 7 days to file for a review. Contact us right away for the best results. This is the Vancouver, Richmond and Victoria Law Office that has the breath testers that the police use. Often lawyers Paul Doroshenko, Q.C. and Kyla Lee can handle your case over the phone. Call now for a free consultation. Read our ADP case results below.
Re: 90-Day ADP Administrative Driving Prohibition (Client 2998)
ADP Lawyer: Paul Doroshenko
Client was served a 90-day ADP after allegedly providing 2 samples into a BAC Datamaster breath tester that showed his blood alcohol content was over double the limit of 80mg%.
The client was pulled over after he was observed driving on the highway. An impaired driving investigation was conducted and the client was asked to go to the police detachment to blow into a BAC Datamaster. The client was issued a 90-day Administrative Driving Prohibition after providing 2 samples more than double the legal limit.
The RCMP Policy and the most recent BAC Datamaster manual indicate that the samples were not taken as part of a Proper Breath Test. The evidence indicates a risk of contamination from mouth alcohol. It is improper for the RoadSafetyBC tribunal to consider the results of any breath test which is not a proper breath test.
CASE RESULTS: PROHIBITION CANCELLED
The samples were not part of a proper breath test and could not be considered. Absent any other evidence about the driver’s blood alcohol concentration at the time, the prohibition is not justified.