CASE LAW - Gainder v The Minister of Justice
Mandeep Gainder, a novice driver, was discovered sitting in his idling car which emitted a strong odour of marihuana from the passenger compartment. Constable Troughton performed a Standardized Field Sobriety Test on Mr. Gainder who admitted smoking the drug and failed the test. A 24 hour prohibition for drug use was issued by Constable Earle. This suspension was not disputed.
The Superintendent issued a Notice of Intention to Prohibit to Mr. Gainder because of his novice status and the 24 hour prohibition. He asked the Superintendent to review the Notice of Intent and it was upheld on that review.
Mr. Gainder subsequently asked the court to stay the 24 hour prohibition. This case discusses the grounds for staying a suspension of this nature and explains why Mr. Justice Weatherill refused to do so.