The client’s Notice of Administrative Penalty was cancelled on the basis that the client was not properly advised of his right to a roadside appeal by the investigating officer and that the client was unaware of that right. Counsel also argued that the client’s ability to operate the motor vehicle was not impaired to any degree by alcohol and/or a drug, that the client did not receive fulsome records as was their right, and that their Notice of Administrative Penalty was deficient. Because the issue regarding the client’s right to a roadside appeal was dispositive of the question of whether the Notice of Administrative Penalty should be cancelled, the SafeRoads Tribunal declined to consider any further grounds.


As a result of the cancellation of the Notice of Administrative Penalty, the client’s license is no longer suspended, their driving record will not reflect an impaired driving suspension, and they are not subject to a fine.