CASE LAW - Rossi v Superintendent of Motor Vehicles

Mr. Rossi was investigated for driving while impaired by alcohol. He provided a breath sample that registered a fail reading on an Approved Screening Device. Subsequent to that he supplied two samples of breath analyzed at 80 mg% on a BAC Datamaster C instrument. As a result of this, the investigator served Mr. Rossi with an Administrative Driving Prohibition for 90 days.

The prohibition was reviewed by an adjudicator with the Superintendent of Motor Vehicles and upheld.

Mr. Rossi asks the court to set aside the prohibition and order a rehearing of the circumstances. He is successful with this judicial review.

Link:

• Read the Reasons for Judgment - Rossi v Superintendent of Motor Vehicles