The Recipient was found in an intersection in Edmonton in a car. The officer issued the Recipient an immediate roadside sanction believing he was impaired.
Nature of Argument.
The Recipient was not issued the written advice of his right to a roadside appeal, and he was unaware of that right. Counsel argued the officer only stated in his report that he provided the Recipient an opportunity for a second ASD test. There was no proper explanation of the Recipient’s right to a roadside appeal or what a roadside appeal meant.
Ruling
The officer has not indicated he informed the Recipient that the “second test” was to either cancel or confirm the NAP. As such, I do not see how the Recipient could have understood the roadside appeal. The court in Lawrence and Lausen has placed a duty on law enforcement officers to ensure that a recipient is sufficiently advised and aware of their right to a roadside appeal. The officer failed to meet the requirements. (The Recipient’s license is returned.)