Immediate Roadside Sanction (IRS) Appeal

July 12, 2023

R. S. July 12, 2023 A167464720 Immediate Roadside Sanction (IRS) Appeal

Mr. S. was administratively suspended after a police officer found S. standing outside his damaged car at the scene of a single motor vehicle accident. The officer described his eyes as half shut, and other indicia of impairment included being unsteady on his feet and having an odour of alcohol on his breath.

The officer asked S. if he would like to provide a breath sample after advising Mr. S. that he had a right to a lawyer. S told the officer he wanted to speak to a lawyer. The officer considered that a decision not to provide a breath sample to determine if he was impaired. This is known as an IRS appeal. The IRS appeal, allowing an accused to provide a breath sample, is required under the legislation.

Mr. Royer was retained for the appeal of the IRS suspension.

Nature of Application? Section 4 administrative license appeal.

The legal test is, if the Applicant can show on a balance of probabilities the Applicant was not impaired, or that the Applicant, (Mr. S.) was not aware that it was his right to provide a breath sample as a means of appeal.


Mr. Royer’s argument that the Applicant was not advised in writing and did not understand it was a right to appeal that he was giving up by not providing a breath sample, and that the signs of impairment were explainable by age, and physical disability.

The administrator’s decision was that both the Peace Officer’s and the Applicant’s evidence made it clear the Applicant was not properly advised of his right to provide a breath sample as a means of roadside suspension appeal.

The Appeal was allowed, and the roadside suspension was lifted.

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