Follow Up To Yesterday's Post
Lisa A. SilverFor further clarification, the proposed Alberta regime requires the administrative tribunal sitting on an appeal of an automatic roadside suspension, resulting from a "warn," to consider the certificate of annual maintenance of the approved screening device and the records of the last calibration of the device. On the basis of those documents, the police report, and any other relevant evidence, either sworn or unsworn, the tribunal must be satisfied that the driver consumed alcohol with a blood alcohol concentration equal to or over .05 at any time within 3 hours after having driven a motor vehicle, before confirming the licence suspension.
In the case of a "fail," where the BAC would be at or over .08, and would therefore trigger the Criminal Code process as well, the administrative appeal board would also consider any certificate of analysis pursuant to s.258 of the Criminal Code and any other relevant evidence. In other words, the appeal hearing would not be unlike trying the matter before the criminal courts except that the process is civil and the standard of proof is not beyond a reasonable doubt but a lower standard of balance of probabilities.
The B.C. regime differs significantly as discussed in the main blog and there is no ability to argue that the approved roadside screening device is faulty. In B.C., there has been significant issues with the roadside devices used.
