E.S. vs. Superintendent of Motor Vehicles

Charge: 90 Day Immediate Roadside Prohibition.
Issue: Whether the police officer had reasonable grounds to demand the breath sample that our client refused to provide.
Result: The adjudicator agreed with Mr. Mines’ submissions that the officer did not have objectively reasonable grounds to make the demand and, accordingly, found that our client was entitled to refuse providing the breath sample. The 90 day driving prohibition and 30 day vehicle impoundment were revoked and our client was permitted to resume driving.