CASE LAW - Spencer v Superintendent of Motor Vehicles
In this case, Kristen Debra-Lee Spencer challenges an Immediate Roadside Prohibition (IRP) in a Supreme Court Review of an adjudicators decision upholding the IRP on review. Ms. Spencer was issued the IRP for being in care and control of a motor vehicle, having alcohol in her body and refusing to provide a breath sample on the demand of a police officer.
The review was successful and Mr. Justice McEwan directed that adjudicator's decision be set aside and awarded Ms. Spencer her costs.
This case has received some recent media attention as the Justice criticized both the adjudicator's decision process and the fact that the IRP process is initially reviewed by an adjudicator with the Office of the Superintendent of Motor Vehicles and not in the courts.